House Bill 25-1136 Introduced

A Bill for an Act

• Page 1, Line 101Concerning matters related to peace officers.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

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. The bill requires the head of the law enforcement agency providing the report to certify the accuracy of the information in the report. 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. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court shall order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena. The bill 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. If an agency fails to report the information, the agency is subject to a fine or loss of P.O.S.T. board funding.

A peace officer who is included in the searchable database can appeal the officer's inclusion in the database. 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. The bill 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. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court shall order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.

The bill gives the P.O.S.T. board director the authority to remove entries from the database that are in error.

Under current law, the P.O.S.T. board shall 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. The bill gives the P.O.S.T. board the discretion to permanently revoke in those cases.

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.

The bill prohibits a law enforcement agency from agreeing to a settlement with a peace officer that includes the agency agreeing to not report the information to the database.

Current law 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. 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 shall 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 a period of one year and the agency may be subject to fines.

The bill allows a person 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.

In 2024, the general assembly provided temporary peace officer status to administrators of judicial security. The bill makes the status permanent.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 24-31-303, amend (1)(r) as follows:

• Page 3, Line 324-31-303.  Duties - powers of the P.O.S.T. board - definition. (1)  The P.O.S.T. board has the following duties:

• Page 3, Line 4(r) (I)  Subject to available appropriations, beginning on January

• Page 3, Line 51, 2022, to create and maintain a database in a searchable format to be

• Page 3, Line 6published on its website, containing information related to a peace officer's conduct pursuant to the provisions of section 24-31-321.

• Page 3, Line 7(A)  Untruthfulness;

• Page 3, Line 8(B)  Three or more failures to follow P.O.S.T. board training requirements within ten consecutive years;

• Page 3, Line 9(C)  Revocation of the certification by the P.O.S.T. board, including the basis for the revocation;

• Page 3, Line 10(D)  Termination for cause by the peace officer's employer unless

• Page 3, Line 11the termination is overturned or reversed by an appellate process. A

• Page 3, Line 12notation must be placed next to the officer's name during the pendency of any appellate process.

• Page 3, Line 13(E)  Resignation or retirement while under investigation by the

• Page 3, Line 14peace officer's employing law enforcement agency, a district attorney, or

• Page 3, Line 15the attorney general that could result in being entered into the database in

• Page 3, Line 16this subsection (1)(r);

• Page 4, Line 1(F)  Resignation or retirement following an incident that leads to

• Page 4, Line 2the opening of an investigation within six months following the peace

• Page 4, Line 3officer's resignation or retirement that could result in being entered into the database in this subsection (1)(r);

• Page 4, Line 4(G)  Being the subject of a criminal investigation for a crime that

• Page 4, Line 5could result in revocation or suspension of certification pursuant to

• Page 4, Line 6section 24-31-305 or 24-31-904 or the filing of criminal charges for such

• Page 4, Line 7a crime. The investigating law enforcement agency shall notify the

• Page 4, Line 8P.O.S.T. board of the investigation or filing of criminal charges as soon

• Page 4, Line 9as practicable, in a manner prescribed in P.O.S.T. board rule, so long as such notification is unlikely to disrupt or impede an investigation.

• Page 4, Line 10(H)  Actions as described by the applicable statutory provision

• Page 4, Line 11identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I).

• Page 4, Line 12(II)  Law enforcement agencies shall report to the P.O.S.T. board

• Page 4, Line 13the information required in this subsection (1)(r) in a format determined

• Page 4, Line 14by the P.O.S.T. board. Failure to submit such information is subject to a fine set in rule by the P.O.S.T. board.

• Page 4, Line 15(III)  For purposes of this subsection (1)(r), "untruthfulness" means

• Page 4, Line 16a peace officer knowingly made an untruthful statement concerning a

• Page 4, Line 17material fact or knowingly omitted a material fact on an official criminal

• Page 4, Line 18justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.

• Page 4, Line 19(IV)  Termination for cause.

• Page 4, Line 20SECTION 2.  In Colorado Revised Statutes, add 24-31-321 as follows:

• Page 4, Line 2124-31-321.  Peace officer conduct database - definition. (1)  The

• Page 5, Line 1P.O.S.T. board shall create and maintain a database in a

• Page 5, Line 2searchable format to be published on its website containing information related to a peace officer's:

• Page 5, Line 3(a)  Untruthfulness;

• Page 5, Line 4(b)  Three or more failures to follow P.O.S.T. board training requirements within ten consecutive years;

• Page 5, Line 5(c)  Revocation of the certification by the P.O.S.T. board, including the basis for the revocation;

• Page 5, Line 6(d)  Termination for cause by the peace officer's employer

• Page 5, Line 7unless the termination is overturned or reversed by an

• Page 5, Line 8appellate process. A notation must be placed next to the peace officer's name during the pendency of any appellate process.

• Page 5, Line 9(e)  Resignation or retirement while under investigation

• Page 5, Line 10by the peace officer's employing law enforcement agency, a

• Page 5, Line 11district attorney, or the attorney general, and the P.O.S.T.

• Page 5, Line 12board determines that it is more than likely that the officer

• Page 5, Line 13would have been entered into the database created in this

• Page 5, Line 14section for a reason described in subsection (1)(a), (1)(b), (1)(c),

• Page 5, Line 15(1)(g), (1)(h), or (1)(i) of this section if the investigation was completed;

• Page 5, Line 16(f)  Resignation or retirement following an incident that

• Page 5, Line 17leads to the opening of an investigation within six months after

• Page 5, Line 18the peace officer's resignation or retirement, and the P.O.S.T.

• Page 5, Line 19board determines that it is more than likely that the officer

• Page 5, Line 20would have been entered into the database created in this

• Page 5, Line 21section for a reason described in subsection (1)(a), (1)(b), (1)(c),

• Page 5, Line 22(1)(g), (1)(h), or (1)(i) of this section if the investigation was completed;

• Page 6, Line 1(g)  Resignation in lieu of termination for cause;

• Page 6, Line 2(h)  Being the subject of a criminal investigation for a

• Page 6, Line 3crime that could result in revocation or suspension of

• Page 6, Line 4certification pursuant to section 24-31-305 or 24-31-904 or the

• Page 6, Line 5filing of criminal charges for such a crime. The employing law

• Page 6, Line 6enforcement agency shall notify the P.O.S.T. board of the

• Page 6, Line 7investigation or filing of criminal charges as soon as

• Page 6, Line 8practicable, in a manner prescribed in P.O.S.T. board rule, so

• Page 6, Line 9long as such notification is unlikely to disrupt or impede an investigation.

• Page 6, Line 10(i)  Actions as described by the applicable statutory

• Page 6, Line 11provision identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I).

• Page 6, Line 12(2) (a)  Law enforcement agencies shall report to the

• Page 6, Line 13P.O.S.T. board the information required in subsection (1) of this

• Page 6, Line 14section in a format determined by the P.O.S.T. board. The P.O.S.T.

• Page 6, Line 15board shall not include information in the database if the

• Page 6, Line 16information is received from an agency that does not employ or

• Page 6, Line 17has not employed the peace officer who is the subject of the

• Page 6, Line 18information; except that if the person is certified by the P.O.S.T.

• Page 6, Line 19board but not employed and commits a crime, the district

• Page 6, Line 20attorney shall report the conviction to the P.O.S.T board and

• Page 6, Line 21the P.O.S.T. board shall include that information in the

• Page 6, Line 22database. The head of the law enforcement agency or district

• Page 6, Line 23attorney providing the report shall certify the accuracy of the

• Page 6, Line 24information in the report. A knowing or willful failure to

• Page 7, Line 1submit the information or certification or a knowing or willful

• Page 7, Line 2submittal of false or inaccurate information is subject to a fine

• Page 7, Line 3imposed by the P.O.S.T. board. When a failure to submit the

• Page 7, Line 4information or certification or submittal of false or inaccurate

• Page 7, Line 5information is determined, the party making that determination

• Page 7, Line 6shall cause a criminal investigation to be conducted by the attorney general.

• Page 7, Line 7(b)  After receiving a notification and upon request of the

• Page 7, Line 8P.O.S.T. board, the law enforcement agency providing the report

• Page 7, Line 9shall provide the P.O.S.T. board with all documents relevant to

• Page 7, Line 10the investigation or cause for which the officer was placed in

• Page 7, Line 11the database. If a law enforcement agency refuses to provide

• Page 7, Line 12the records pursuant to this subsection (2), the P.O.S.T. board

• Page 7, Line 13may subpoena the records. If the court or administrative law

• Page 7, Line 14judge grants the subpoena, the court may order the law

• Page 7, Line 15enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.

• Page 7, Line 16(c)  If the P.O.S.T. board received information regarding an

• Page 7, Line 17incident involving a peace officer that would require a report

• Page 7, Line 18pursuant to subsection (1) of this section, the organization

• Page 7, Line 19employing the peace officer shall provide the P.O.S.T. board with

• Page 7, Line 20all documents relevant to the incident upon request of the

• Page 7, Line 21P.O.S.T. board. If a law enforcement agency refuses to provide

• Page 7, Line 22the records pursuant to this subsection (2), the P.O.S.T. board

• Page 7, Line 23may subpoena the records. If the court or administrative law

• Page 7, Line 24judge grants the subpoena, the court shall order the law

• Page 7, Line 25enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.

• Page 8, Line 1(d)  The records of any law enforcement agency that are

• Page 8, Line 2submitted for review by the P.O.S.T. board for the purposes of

• Page 8, Line 3this subsection (2) remain the property of the reporting law

• Page 8, Line 4enforcement agency and are not subject to public release by the P.O.S.T. board.

• Page 8, Line 5(3) (a)  The P.O.S.T. board shall create an appeal process

• Page 8, Line 6for a peace officer to appeal the officer's inclusion in the

• Page 8, Line 7database created in this section. The appeal must be conducted

• Page 8, Line 8pursuant to the provisions of this section and P.O.S.T. board

• Page 8, Line 9rules. The P.O.S.T. board shall give consideration to an officer's

• Page 8, Line 10whistle blower status during the appeal. When a peace officer

• Page 8, Line 11is added to the database, the P.O.S.T. board shall provide the

• Page 8, Line 12peace officer with information about how to appeal that action.

• Page 8, Line 13If a peace officer initiates an appeal pursuant to this subsection

• Page 8, Line 14(3), the peace officer's disciplining employer shall provide the

• Page 8, Line 15P.O.S.T. board with all documents relevant to the discipline for

• Page 8, Line 16which the officer was placed in the database upon request of the

• Page 8, Line 17P.O.S.T. board. If a law enforcement agency refuses to provide

• Page 8, Line 18the records pursuant to this subsection (3), the P.O.S.T. board

• Page 8, Line 19may subpoena the records. If the court or administrative law

• Page 8, Line 20judge grants the subpoena, the court may order the law

• Page 8, Line 21enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.

• Page 8, Line 22(b)  The records of any law enforcement agency that are

• Page 8, Line 23submitted for review by the P.O.S.T. board for the purposes of

• Page 8, Line 24subsection (3)(a) of this section remain the property of the

• Page 9, Line 1reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.

• Page 9, Line 2(4)  If a law enforcement agency reports information

• Page 9, Line 3required pursuant to subsection (1) of this section and

• Page 9, Line 4subsequently determines the entry was in error and informs the

• Page 9, Line 5P.O.S.T. board of the error regardless of when the error

• Page 9, Line 6occurred, the P.O.S.T. board director shall remove the entry

• Page 9, Line 7from the database after the P.O.S.T. board determines the entry was in error.

• Page 9, Line 8(5)  For purposes of this section, "untruthfulness" means

• Page 9, Line 9a peace officer knowingly made an untruthful statement

• Page 9, Line 10concerning a material fact or knowingly omitted a material

• Page 9, Line 11fact on an official criminal justice record, while testifying

• Page 9, Line 12under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.

• Page 9, Line 13SECTION 3.  In Colorado Revised Statutes, 24-31-904, add (1.5), (5), and (6); and repeal (1)(a)(II) as follows:

• Page 9, Line 1424-31-904.  Peace officer certification discipline.

• Page 9, Line 15(1) (a)  Notwithstanding any provision of law, the P.O.S.T. board shall permanently revoke a peace officer's certification if:

• Page 9, Line 16(II)  The P.O.S.T. certified peace officer is found civilly liable for

• Page 9, Line 17the use of unlawful physical force, or is found civilly liable for failure to

• Page 9, Line 18intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person;

• Page 9, Line 19(1.5)  The P.O.S.T. board may permanently revoke a peace

• Page 9, Line 20officer's certification if the P.O.S.T.-certified peace officer is

• Page 9, Line 21found civilly liable for the use of unlawful physical force or is

• Page 10, Line 1found civilly liable for failure to intervene in the use of

• Page 10, Line 2unlawful force, and the incident resulted in serious bodily injury or death to another person.

• Page 10, Line 3(5)  If a law enforcement agency is investigating a peace

• Page 10, Line 4officer for an incident that could result in a report pursuant to

• Page 10, Line 5section 24-31-321 (1), the law enforcement agency shall inform

• Page 10, Line 6the peace officer of the agency's duty to report that information and the consequences of the reporting.

• Page 10, Line 7(6)  An employer shall not agree to a settlement with a

• Page 10, Line 8peace officer that includes the employing agency agreeing to

• Page 10, Line 9not report the information required pursuant to section 24-31-321 (1).

• Page 10, Line 10SECTION 4.  In Colorado Revised Statutes, 24-33.5-115, amend (1) as follows:

• Page 10, Line 1124-33.5-115.  Peace officer hiring - required use of waiver -

• Page 10, Line 12definitions. (1)  A state or local law enforcement agency, including

• Page 10, Line 13higher education law enforcement agencies and public transit law

• Page 10, Line 14enforcement agencies, shall require each candidate that it interviews

• Page 10, Line 15receives a conditional job offer for a peace officer position who has

• Page 10, Line 16been employed by another law enforcement agency or governmental

• Page 10, Line 17agency to execute a written waiver that explicitly authorizes each law

• Page 10, Line 18enforcement agency or governmental agency that has employed the

• Page 10, Line 19candidate to disclose the applicant's files, including internal affairs files,

• Page 10, Line 20to the state or local law enforcement agency and releases the interviewing

• Page 10, Line 21agency and each law enforcement agency or governmental agency that

• Page 10, Line 22employed the candidate from any liability related to the use and disclosure

• Page 10, Line 23of the files. A law enforcement agency or governmental agency may

• Page 11, Line 1disclose the applicant's files by either providing copies or allowing the

• Page 11, Line 2interviewing agency to review the files at the law enforcement agency's

• Page 11, Line 3office or governmental agency's office. A candidate who refuses to

• Page 11, Line 4execute the waiver shall not be considered for employment by the

• Page 11, Line 5interviewing agency. The agency interviewing the candidate shall, at least

• Page 11, Line 6twenty-one days prior to making the hiring decision, submit the waiver to

• Page 11, Line 7each law enforcement agency or governmental agency that has employed

• Page 11, Line 8the candidate. A state or local law enforcement agency or governmental

• Page 11, Line 9agency that receives such a waiver shall provide the disclosure to the

• Page 11, Line 10agency that is considering the candidate for employment not more than

• Page 11, Line 11twenty-one days after such receipt. A law enforcement agency or

• Page 11, Line 12governmental agency that submits the waiver to another

• Page 11, Line 13agency and does not receive the disclosure shall report that

• Page 11, Line 14fact to the P.O.S.T. board. Upon receipt of the notice, the P.O.S.T.

• Page 11, Line 15board shall contact the agency, and if the agency does not

• Page 11, Line 16provide the disclosure within six calendar days, the P.O.S.T.

• Page 11, Line 17board shall not provide the agency with P.O.S.T. board funding

• Page 11, Line 18for a period of one year or shall impose fines through the

• Page 11, Line 19attorney general pursuant to section 24-31-307 and P.O.S.T. board rule, or both.

• Page 11, Line 20SECTION 5.  In Colorado Revised Statutes, 24-31-305, amend (1.7) as follows:

• Page 11, Line 2124-31-305.  Certification - issuance - renewal - revocation -

• Page 11, Line 22rules - definition. (1.7) (a)  Unless revoked or voluntarily surrendered,

• Page 11, Line 23a basic certification or reserve certification issued pursuant to this part 3

• Page 11, Line 24is valid as long as the certificate holder is continuously serving as a peace

• Page 11, Line 25officer, or reserve peace officer, or works for a law enforcement agency in a non-peace-officer role.

• Page 12, Line 1(b)  If a basic or reserve certificate holder has not served as a peace

• Page 12, Line 2officer or reserve peace officer for a total of at least six months during

• Page 12, Line 3any consecutive three-year period, the certification automatically expires

• Page 12, Line 4at the end of such three-year period, unless the certificate holder is then

• Page 12, Line 5serving as a peace officer or reserve peace officer or had previously

• Page 12, Line 6voluntarily surrendered his or her their certificate or then works for a law enforcement agency in a non-peace-officer role.

• Page 12, Line 7(c)  The P.O.S.T. board may promulgate adopt rules for the

• Page 12, Line 8renewal of certification that expired pursuant to paragraph (b) of this subsection (1.7) subsection (1.7)(b) of this section.

• Page 12, Line 9SECTION 6.  In Colorado Revised Statutes, amend 16-2.5-152 as follows:

• Page 12, Line 1016-2.5-152.  Administrators of judicial security. Administrators

• Page 12, Line 11of judicial security employed by the judicial department are peace officers

• Page 12, Line 12whose authority includes the enforcement of all laws of the state of

• Page 12, Line 13Colorado, and the administrators of judicial security must be certified by

• Page 12, Line 14the P.O.S.T. board. For the purpose of seeking peace officer status for

• Page 12, Line 15additional personnel under the title of judicial security administrator,

• Page 12, Line 16notwithstanding the provisions of section 16-2.5-201, additional

• Page 12, Line 17administrators of judicial security are granted temporary peace officer

• Page 12, Line 18status pending application and review by the P.O.S.T. board. Following

• Page 12, Line 19review by the P.O.S.T. board pursuant to section 16-2.5-201 and upon a

• Page 12, Line 20favorable recommendation for peace officer status from the P.O.S.T.

• Page 12, Line 21board to the general assembly, temporary peace officer status for

• Page 12, Line 22additional administrators is permanent. If the P.O.S.T. board does not

• Page 12, Line 23recommend peace officer status for additional personnel under the title of

• Page 13, Line 1judicial security administrator, the temporary peace officer status expires

• Page 13, Line 2on June 30, 2025, unless the general assembly provides otherwise. Any

• Page 13, Line 3peace officer positions created pursuant to this section after January 1,

• Page 13, Line 42025, shall be approved by the general assembly through a decision item in the judicial department's annual budget request.

• Page 13, Line 5SECTION 7.  Safety clause. The general assembly finds,

• Page 13, Line 6determines, and declares that this act is necessary for the immediate

• Page 13, Line 7preservation of the public peace, health, or safety or for appropriations for

• Page 13, Line 8the support and maintenance of the departments of the state and state institutions.