House Bill 25-1136 Engrossed

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 7(e)  Resignation or retirement while under investigation

• Page 5, Line 8by the peace officer's employing law enforcement agency, a district attorney, or the attorney general;

• Page 5, Line 9(f)  Resignation or retirement following an incident that

• Page 5, Line 10leads to the opening of an investigation within six months after the peace officer's resignation or retirement;

• Page 5, Line 11(g)  Resignation in lieu of termination for cause;

• Page 5, Line 12(h)  Being charged with a crime that could result in

• Page 5, Line 13revocation or suspension of certification pursuant to section

• Page 5, Line 1424-31-305 or 24-31-904. The employing law enforcement agency

• Page 5, Line 15shall notify the P.O.S.T. board of the filing of criminal

• Page 5, Line 16charges as soon as practicable, in a manner prescribed in P.O.S.T. board rule.

• Page 5, Line 17(i)  Actions as described by the applicable statutory

• Page 5, Line 18provision identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I).

• Page 5, Line 19(2) (a)  Law enforcement agencies shall report to the

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

• Page 6, Line 2section in a format determined by the P.O.S.T. board. The P.O.S.T.

• Page 6, Line 3board shall not include information in the database if the

• Page 6, Line 4information is received from an agency that does not employ or

• Page 6, Line 5has not employed the peace officer who is the subject of the

• Page 6, Line 6information. Notwithstanding any other provision to the

• Page 6, Line 7contrary, the P.O.S.T. board may become the custodian of

• Page 6, Line 8records and may enter reports into the database on behalf of a

• Page 6, Line 9law enforcement agency that no longer exists. The head of the

• Page 6, Line 10law enforcement agency providing the report shall certify

• Page 6, Line 11the accuracy of the information in the report. A knowing or

• Page 6, Line 12willful failure to submit the information or certification or a

• Page 6, Line 13knowing or willful submittal of false or inaccurate

• Page 6, Line 14information is subject to a fine imposed by the P.O.S.T. board.

• Page 6, Line 15When a failure to submit the information or certification or

• Page 6, Line 16submittal of false or inaccurate information is determined, the

• Page 6, Line 17P.O.S.T. boardshall refer the matter to the appropriate district

• Page 6, Line 18attorney and request the district attorney to conduct a criminal investigation.

• Page 6, Line 19(b)  After receiving a notification and upon request of the

• Page 6, Line 20P.O.S.T. board, the law enforcement agency providing the report

• Page 6, Line 21shall provide the P.O.S.T. board with all documents relevant to

• Page 6, Line 22the investigation or cause for which the officer was placed in

• Page 6, Line 23the database. If a law enforcement agency refuses to provide

• Page 6, Line 24the records pursuant to this subsection (2), the P.O.S.T. board

• Page 6, Line 25may subpoena the records. If the court or administrative law

• Page 6, Line 26judge grants the subpoena, and subsequently does not grant a

• Page 7, Line 1motion to quash the subpoena, the court may order the law

• Page 7, Line 2enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.

• Page 7, Line 3(c)  If the P.O.S.T. board received information regarding an

• Page 7, Line 4incident involving a peace officer that would require a report

• Page 7, Line 5pursuant to subsection (1) of this section, the organization

• Page 7, Line 6employing the peace officer shall provide the P.O.S.T. board with

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

• Page 7, Line 8P.O.S.T. board. If a law enforcement agency refuses to provide

• Page 7, Line 9the records pursuant to this subsection (2), the P.O.S.T. board

• Page 7, Line 10may subpoena the records. If the court or administrative law

• Page 7, Line 11judge grants the subpoena, and subsequently does not grant a

• Page 7, Line 12motion to quash the subpoena, the court may order the law

• Page 7, Line 13enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.

• Page 7, Line 14(d)  The records of any law enforcement agency that are

• Page 7, Line 15submitted for review by the P.O.S.T. board for the purposes of

• Page 7, Line 16this subsection (2) remain the property of the reporting law

• Page 7, Line 17enforcement agency and are not subject to public release by the P.O.S.T. board.

• Page 7, Line 18(3) (a)  The P.O.S.T. board shall create an appeal process

• Page 7, Line 19for a peace officer to appeal the officer's inclusion in the

• Page 7, Line 20database created in this section. The appeal must be conducted

• Page 7, Line 21pursuant to the provisions of this section and P.O.S.T. board

• Page 7, Line 22rules. The P.O.S.T. board shall give consideration to an officer's

• Page 7, Line 23whistle blower status during the appeal. When a peace officer

• Page 7, Line 24is added to the database, the P.O.S.T. board shall provide the

• Page 8, Line 1peace officer with information about how to appeal that action

• Page 8, Line 2on its website. If a peace officer initiates an appeal pursuant to

• Page 8, Line 3this subsection (3), the reporting agency shall provide the

• Page 8, Line 4P.O.S.T. board with all documents relevant to the discipline for

• Page 8, Line 5which the officer was placed in the database upon request of the

• Page 8, Line 6P.O.S.T. board. If a law enforcement agency refuses to provide

• Page 8, Line 7the records pursuant to this subsection (3), the P.O.S.T. board

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

• Page 8, Line 9judge grants the subpoena, and subsequently does not grant a

• Page 8, Line 10motion to quash the subpoena, the court may order the law

• Page 8, Line 11enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.

• Page 8, Line 12(b)  The records of any law enforcement agency that are

• Page 8, Line 13submitted for review by the P.O.S.T. board for the purposes of

• Page 8, Line 14subsection (3)(a) of this section remain the property of the

• Page 8, Line 15reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.

• Page 8, Line 16(4)  If a law enforcement agency reports information

• Page 8, Line 17required pursuant to subsection (1) of this section and

• Page 8, Line 18subsequently determines the entry was in error and informs the

• Page 8, Line 19P.O.S.T. board of the error regardless of when the error

• Page 8, Line 20occurred, the P.O.S.T. board shall remove the entry from the

• Page 8, Line 21database after the P.O.S.T. board determines the entry was in error.

• Page 8, Line 22(5)  For purposes of this section, "untruthfulness" means

• Page 8, Line 23a peace officer knowingly made an untruthful statement

• Page 8, Line 24concerning a material fact or knowingly omitted a material

• Page 9, Line 1fact on an official criminal justice record, while testifying

• Page 9, Line 2under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.

• Page 9, Line 3SECTION 3.  In Colorado Revised Statutes, 24-31-904, repeal(1)(a)(II) and (2)(a)(II); and add (1.5), (2.5), (5), and (6) as follows:

• Page 9, Line 424-31-904.  Peace officer certification discipline.

• Page 9, Line 5(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 6(II)  The P.O.S.T. certified peace officer is found civilly liable for

• Page 9, Line 7the use of unlawful physical force, or is found civilly liable for failure to

• Page 9, Line 8intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person;

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

• Page 9, Line 10officer's certification if the P.O.S.T.-certified peace officer is

• Page 9, Line 11found civilly liable for the use of excessive or unconstitutional

• Page 9, Line 12physical force or is found civilly liable for failure to intervene

• Page 9, Line 13in the use of excessive or unconstitutional force, and the

• Page 9, Line 14incident resulted in serious bodily injury or death to another person.

• Page 9, Line 15(2) (a)  Notwithstanding any provision of law, the P.O.S.T. board shall suspend a peace officer's certification for at least a year if:

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

• Page 9, Line 17the use or threatened use of unlawful physical force, or is found civilly

• Page 9, Line 18liable for failure to intervene in the use of unlawful force and the incident did not result in serious bodily injury or death to another person;

• Page 9, Line 19(2.5)  The P.O.S.T. board may suspend a peace officer's

• Page 9, Line 20certification for at least one year if the P.O.S.T.-certified peace

• Page 10, Line 1officer is found civilly liable for the use of unlawful physical

• Page 10, Line 2force or is found civilly liable for failure to intervene in the

• Page 10, Line 3use of unlawful force, and the incident did not result in serious bodily injury or death to another person.

• Page 10, Line 4(5)  If a law enforcement agency is investigating a peace

• Page 10, Line 5officer for an incident that could result in a report pursuant to

• Page 10, Line 6section 24-31-321 (1), the law enforcement agency shall inform

• Page 10, Line 7the peace officer of the agency's duty to report that information and the consequences of the reporting.

• Page 10, Line 8(6)  An employer shall not agree to a settlement with a

• Page 10, Line 9peace officer that includes the employing agency agreeing to

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

• Page 10, Line 11SECTION 4.  In Colorado Revised Statutes, 24-33.5-115, amend (1) as follows:

• Page 10, Line 1224-33.5-115.  Peace officer hiring - required use of waiver -

• Page 10, Line 13definitions. (1)  A state or local law enforcement agency, including

• Page 10, Line 14higher education law enforcement agencies and public transit law

• Page 10, Line 15enforcement agencies, shall require each candidate that it interviews

• Page 10, Line 16receives a conditional job offer for a peace officer position who has

• Page 10, Line 17been employed by another law enforcement agency or governmental

• Page 10, Line 18agency to execute a written waiver that explicitly authorizes each law

• Page 10, Line 19enforcement agency or governmental agency that has employed the

• Page 10, Line 20candidate to disclose the applicant's files, including internal affairs files,

• Page 10, Line 21to the state or local law enforcement agency and releases the interviewing

• Page 10, Line 22agency and each law enforcement agency or governmental agency that

• Page 10, Line 23employed the candidate from any liability related to the use and disclosure

• Page 11, Line 1of the files. A law enforcement agency or governmental agency may

• Page 11, Line 2disclose the applicant's files by either providing copies or allowing the

• Page 11, Line 3interviewing agency to review the files at the law enforcement agency's

• Page 11, Line 4office or governmental agency's office. A candidate who refuses to

• Page 11, Line 5execute the waiver shall not be considered for employment by the

• Page 11, Line 6interviewing agency. The agency interviewing the candidate shall, at least

• Page 11, Line 7twenty-one days prior to making the hiring decision, submit the waiver to

• Page 11, Line 8each law enforcement agency or governmental agency that has employed

• Page 11, Line 9the candidate. A state or local law enforcement agency or governmental

• Page 11, Line 10agency that receives such a waiver shall provide the disclosure to the

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

• Page 11, Line 12twenty-one days after such receipt. A law enforcement agency or

• Page 11, Line 13governmental agency that submits the waiver to another

• Page 11, Line 14agency and does not receive the disclosure shall report that

• Page 11, Line 15fact to the P.O.S.T. board. Upon receipt of the notice, the P.O.S.T.

• Page 11, Line 16board may contact the agency, and if the agency does not

• Page 11, Line 17provide the disclosure within six calendar days, the P.O.S.T.

• Page 11, Line 18board shall not provide the agency with P.O.S.T. board funding

• Page 11, Line 19for a period of one year or shall impose fines through the

• Page 11, Line 20attorney general pursuant to section 24-31-307 and P.O.S.T. board rule, or both.

• Page 11, Line 21SECTION 5.  In Colorado Revised Statutes, 24-31-305, amend (1.7) as follows:

• Page 11, Line 2224-31-305.  Certification - issuance - renewal - revocation -

• Page 11, Line 23rules - definition. (1.7) (a)  Unless revoked or voluntarily surrendered,

• Page 11, Line 24a basic certification or reserve certification issued pursuant to this part 3

• Page 11, Line 25is valid as long as the certificate holder is continuously serving as a peace

• Page 12, Line 1officer, or reserve peace officer, or works for a law enforcement

• Page 12, Line 2agency in a non-peace-officer role and maintains annual training requirements established by the P.O.S.T. board.

• Page 12, Line 3(b)  If a basic or reserve certificate holder has not served as a peace

• Page 12, Line 4officer or reserve peace officer for a total of at least six months during

• Page 12, Line 5any consecutive three-year period, the certification automatically expires

• Page 12, Line 6at the end of such three-year period, unless the certificate holder is then

• Page 12, Line 7serving as a peace officer or reserve peace officer or had previously

• Page 12, Line 8voluntarily surrendered his or her their certificate or then works for a law enforcement agency in a non-peace-officer role.

• Page 12, Line 9(c)  The P.O.S.T. board may promulgate adopt rules for the

• Page 12, Line 10renewal of certification that expired pursuant to paragraph (b) of this subsection (1.7) subsection (1.7)(b) of this section.

• Page 12, Line 11SECTION 6.  In Colorado Revised Statutes, amend 16-2.5-152 as follows:

• Page 12, Line 1216-2.5-152.  Administrators of judicial security. Administrators

• Page 12, Line 13of judicial security employed by the judicial department are peace officers

• Page 12, Line 14while engaged in the performance of their duties whose primary

• Page 12, Line 15authority includes the protection and security of the judiciary,

• Page 12, Line 16judicial department personnel, and judicial facilities and who

• Page 12, Line 17may cooperate with local law enforcement and whose authority

• Page 12, Line 18includes the enforcement of all laws of the state of Colorado, and the

• Page 12, Line 19administrators of judicial security must be certified by the P.O.S.T. board.

• Page 12, Line 20For the purpose of seeking peace officer status for additional personnel

• Page 12, Line 21under the title of judicial security administrator, notwithstanding the

• Page 12, Line 22provisions of section 16-2.5-201, additional administrators of judicial

• Page 12, Line 23security are granted temporary peace officer status pending application

• Page 13, Line 1and review by the P.O.S.T. board. Following review by the P.O.S.T.

• Page 13, Line 2board pursuant to section 16-2.5-201 and upon a favorable

• Page 13, Line 3recommendation for peace officer status from the P.O.S.T. board to the

• Page 13, Line 4general assembly, temporary peace officer status for additional

• Page 13, Line 5administrators is permanent. If the P.O.S.T. board does not recommend

• Page 13, Line 6peace officer status for additional personnel under the title of judicial

• Page 13, Line 7security administrator, the temporary peace officer status expires on June

• Page 13, Line 830, 2025, unless the general assembly provides otherwise. Any peace

• Page 13, Line 9officer positions created pursuant to this section after January 1, 2025,

• Page 13, Line 10shall be approved by the general assembly through a decision item in the judicial department's annual budget request.

• Page 13, Line 11SECTION 7.  In Colorado Revised Statutes, amend 16-2.5-102 as follows:

• Page 13, Line 1216-2.5-102.  Certified peace officer - P.O.S.T. certification

• Page 13, Line 13required. The following peace officers shall meet all the standards

• Page 13, Line 14imposed by law on a peace officer and shall be certified by the peace

• Page 13, Line 15officers standards and training board, referred to in this article as the

• Page 13, Line 16"P.O.S.T. board": A chief of police; a police officer; a sheriff; an

• Page 13, Line 17undersheriff; a deputy sheriff; a Colorado state patrol officer; a town

• Page 13, Line 18marshal; a deputy town marshal; a reserve police officer; a reserve deputy

• Page 13, Line 19sheriff; a reserve deputy town marshal; a police officer or reserve police

• Page 13, Line 20officer employed by a state institution of higher education; a Colorado

• Page 13, Line 21wildlife officer; a Colorado parks and recreation officer; a Colorado

• Page 13, Line 22police administrator or police officer employed by the Colorado mental

• Page 13, Line 23health institute at Pueblo; an attorney general criminal investigator; a

• Page 13, Line 24community parole officer; a public transit officer; a municipal court

• Page 13, Line 25marshal; administrators of judicial security; and the department of corrections inspector general.

• Page 14, Line 1SECTION 8.  In Colorado Revised Statutes, amend 16-2.5-130 as follows:

• Page 14, Line 216-2.5-130.  P.O.S.T. director - P.O.S.T. board investigator.

• Page 14, Line 3The director of the P.O.S.T. board, deputy director, and a P.O.S.T.

• Page 14, Line 4board investigator are peace officers while engaged in the performance

• Page 14, Line 5of their duties whose primary authority shall include the enforcement of

• Page 14, Line 6laws and rules pertaining to the training and certification of peace officers

• Page 14, Line 7and shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

• Page 14, Line 8SECTION 9.  In Colorado Revised Statutes, 16-2.5-502, repeal (3)(e) as follows:

• Page 14, Line 916-2.5-502.  Peace officer credibility disclosures - policies and

• Page 14, Line 10procedures. (3)  On or before February 1, 2022, each district attorney

• Page 14, Line 11shall make available to the public the policies and procedures created and

• Page 14, Line 12implemented pursuant to subsection (2) of this section. The policies and

• Page 14, Line 13procedures must include, but need not be limited to, a process for a district attorney to:

• Page 14, Line 14(e)  Remove any credibility disclosure notification records when appropriate and lawful.

• Page 14, Line 15SECTION 10.  Safety clause. The general assembly finds,

• Page 14, Line 16determines, and declares that this act is necessary for the immediate

• Page 14, Line 17preservation of the public peace, health, or safety or for appropriations for

• Page 14, Line 18the support and maintenance of the departments of the state and state institutions.