A Bill for an Act
Page 1, Line 101Concerning clarifying that a public entity does not have to
Page 1, Line 102satisfy any portion of a civil liability when the peace
Page 1, Line 103officer is convicted for conduct related to the civil
Page 1, Line 104claim.
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.)
The bill clarifies that a public entity is not required to pay any portion of the civil judgment or settlement if the peace officer's underlying conduct resulted in the peace officer's criminal conviction, unless the public entity played a causal role in the violation.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 13-21-131, amend (4)(a) as follows:
Page 2, Line 313-21-131. Civil action for deprivation of rights.
Page 2, Line 4(4) (a) Notwithstanding any other provision of law, a peace officer's
Page 2, Line 5employer shall indemnify its peace officers for any liability incurred by
Page 2, Line 6the peace officer and for any judgment or settlement entered against the
Page 2, Line 7peace officer for claims arising pursuant to this section; except that, if the
Page 2, Line 8peace officer's employer determines on a case-by-case basis that the
Page 2, Line 9officer did not act upon a good faith and reasonable belief that the action
Page 2, Line 10was lawful, then the peace officer is personally liable and shall not be
Page 2, Line 11indemnified by the peace officer's employer for five percent of the
Page 2, Line 12judgment or settlement or twenty-five thousand dollars, whichever is less.
Page 2, Line 13Notwithstanding any provision of this section to the contrary, if the peace
Page 2, Line 14officer's portion of the judgment is uncollectible from the peace officer,
Page 2, Line 15the peace officer's employer or insurance shall satisfy the full amount of
Page 2, Line 16the judgment or settlement. Notwithstanding any provision of this
Page 2, Line 17section to the contrary, a public entity does not have to indemnify a
Page 2, Line 18peace officer, and does not have to satisfy any portion of the
Page 2, Line 19judgment or settlement, if the peace officer was convicted of a
Page 2, Line 20criminal violation for the conduct from which the claim arises unless the
Page 2, Line 21peace officer's employer was a causal factor in the violation, through its action or inaction.
Page 2, Line 22SECTION 2. Act subject to petition - effective date. This act
Page 2, Line 23takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 1ninety-day period after final adjournment of the general assembly; except
Page 3, Line 2that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 3of the state constitution against this act or an item, section, or part of this
Page 3, Line 4act within such period, then the act, item, section, or part will not take
Page 3, Line 5effect unless approved by the people at the general election to be held in
Page 3, Line 6November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.