Senate Committee of Reference Report
Committee on State, Veterans, & Military Affairs
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May 5, 2026
After consideration on the merits, the Committee recommends the following:
SB26-190 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Legislative declaration. (1) The general
Page 1, Line 4assembly finds and declares that:
Page 1, Line 5(a) A peace officer's use of force that results in death requires
Page 1, Line 6heightened transparency to maintain public trust;
Page 1, Line 7(b) Colorado law requires a multi-agency investigation of a peace
Page 1, Line 8officer's use of force that results in death or a peace officer's discharge of
Page 1, Line 9a firearm that results in injury or death; and
Page 1, Line 10(c) The family of a person who dies because of a peace officer's
Page 1, Line 11use of force has a compelling interest in timely access to information
Page 1, Line 12about the incident.
Page 1, Line 13SECTION 2. In Colorado Revised Statutes, 24-31-901, add (2.8),
Page 1, Line 14(5.5), (6.4), and (6.6) as follows:
Page 1, Line 1524-31-901. Definitions.
Page 1, Line 16As used in this part 9, unless the context otherwise requires:
Page 1, Line 17(2.8) "Lawful representative" has the meaning set forth
Page 1, Line 18in section 24-4.1-302.
Page 1, Line 19(5.5) "Significant other" has the meaning set forth in
Page 1, Line 20section 24-4.1-302.
Page 1, Line 21(6.4) "Victim" has the meaning set forth in section
Page 1, Line 2224-4.1-302.
Page 1, Line 23(6.6) "Victim's immediate family" has the meaning set forth
Page 1, Line 24in section 24-4.1-302.
Page 1, Line 25SECTION 3. In Colorado Revised Statutes, 24-31-902, amend
Page 1, Line 26(2)(a) and (2)(b)(I) as follows:
Page 1, Line 2724-31-902. Incident recordings - release - tampering - fine.
Page 2, Line 1(2) (a) (I) For all incidents in which there is a complaint of peace
Page 2, Line 2officer misconduct by another peace officer, a civilian, or nonprofit
Page 2, Line 3organization, through notice to that does not result in a victim's
Page 2, Line 4death, the law enforcement agency involved in the alleged misconduct,
Page 2, Line 5the local law enforcement agency or the Colorado state patrol that
Page 2, Line 6employs the peace officer shall release, upon request of any person
Page 2, Line 7other than a for-profit entity, all unedited video and audio
Page 2, Line 8recordings of the incident, including those from body-worn cameras, dash
Page 2, Line 9cameras, or otherwise collected through investigation, to the public within
Page 2, Line 10twenty-one days after the local law enforcement agency or the Colorado
Page 2, Line 11state patrol received the request for release of the video or audio
Page 2, Line 12recordings the request.
Page 2, Line 13(II) For all incidents in which the use of force that
Page 2, Line 14results in a victim's death, the law enforcement agency that
Page 2, Line 15employs the peace officer shall release, upon request of any
Page 2, Line 16person, all unedited video and audio recordings of the incident,
Page 2, Line 17including those from body-worn cameras, dash cameras, or
Page 2, Line 18otherwise collected through investigation, following the
Page 2, Line 19expiration of the twenty-one-day period described in subsection
Page 2, Line 20(2)(b)(I) of this section.
Page 2, Line 21(III) Upon completion of an internal investigation,
Page 2, Line 22including any appeals process, that examines an incident of use
Page 2, Line 23of force by a peace officer that results in death; the completion
Page 2, Line 24of the investigation of a use of force by a peace officer that
Page 2, Line 25results in death by the multi-agency team described in section
Page 2, Line 2616-25-302 and the issuance of the report required by section
Page 2, Line 2720-1-114; and the completion of a criminal case arising from the
Page 2, Line 28incident, including any appeals, the video and audio recordings
Page 2, Line 29depicting the death shall be released to the victim's immediate
Page 2, Line 30family, upon request, notwithstanding the requirements of
Page 2, Line 31section 24-31-902 (2)(b)(III) and section 24-31-902 (2)(c).
Page 2, Line 32(b) (I) For all incidents in which the use of force by a peace
Page 2, Line 33officer results in a victim's death, the law enforcement agency
Page 2, Line 34that employs the peace officer shall make reasonable efforts to
Page 2, Line 35identify the victim's immediate family and provide all video and
Page 2, Line 36audio recordings depicting a the victim's death must be provided upon
Page 2, Line 37request to the victim's spouse, parent, legal guardian, child, sibling,
Page 2, Line 38grandparent, grandchild, significant other, or other lawful representative,
Page 2, Line 39and such to each identified member of the victim's immediate
Page 2, Line 40family, unless the member declines, within twenty-one days
Page 2, Line 41after the incident. The person shall be notified of his or her their
Page 2, Line 42right, pursuant to section 24-4.1-302.5 (1)(j.8), to receive and review the
Page 2, Line 43recording at least seventy-two hours prior to a public disclosure made
Page 3, Line 1pursuant to subsection (2)(a)(I) of this section. A person seventeen
Page 3, Line 2years of age and under is considered incapacitated, unless legally
Page 3, Line 3emancipated.
Page 3, Line 4SECTION 4. In Colorado Revised Statutes, repeal and reenact,
Page 3, Line 5with amendments, part 3 of article 2.5 of title 16 as follows:
Page 3, Line 6PART 3
Page 3, Line 7PEACE OFFICER USE OF FORCE
Page 3, Line 8INVESTIGATIONS AND PROCEDURES
Page 3, Line 916-2.5-301. Definitions.
Page 3, Line 10As used in this part 3, unless the context otherwise
Page 3, Line 11requires:
Page 3, Line 12(1) "Victim" has the meaning set forth in section 24-4.1-302.
Page 3, Line 13(2) "Victim's immediate family" has the meaning set forth
Page 3, Line 14in section 24-4.1-302.
Page 3, Line 1516-3.5-302. Peace officer actions leading to injury or death
Page 3, Line 16investigations - protocol - notification to victim's immediate family.
Page 3, Line 17(1) (a) Each police department, sheriff's office, and
Page 3, Line 18district attorney within the state shall maintain protocols for
Page 3, Line 19participating in a multi-agency team, which must include at
Page 3, Line 20least one other police department or sheriff's office, or the
Page 3, Line 21Colorado bureau of investigation, in conducting any
Page 3, Line 22investigation, evaluation, or review of an incident involving the
Page 3, Line 23discharge of a firearm by a peace officer that resulted in injury
Page 3, Line 24or death, or other use of force by a peace officer that resulted
Page 3, Line 25in death. The law enforcement agencies participating need not
Page 3, Line 26be from the same judicial district.
Page 3, Line 27(b) Each law enforcement agency shall post the protocol
Page 3, Line 28on its website or, if it does not have a website, make it publicly
Page 3, Line 29available upon request.
Page 3, Line 30(2) Within twenty-four hours after the scene of an
Page 3, Line 31incident involving a peace officer's use of force that results in
Page 3, Line 32death is cleared, the law enforcement agency that employs the
Page 3, Line 33peace officer shall notify any person in the victim's immediate
Page 3, Line 34family known to the employing law enforcement agency of:
Page 3, Line 35(a) The names of all law enforcement agencies that
Page 3, Line 36comprise the multi-agency team described in subsection (1) of
Page 3, Line 37this section that is investigating the use of force; and
Page 3, Line 38(b) The status of the investigation.
Page 3, Line 3916-2.5-303. Extrajudicial statement concerning use of force.
Page 3, Line 40(1) An attorney or peace officer who is participating or
Page 3, Line 41has participated in the investigation or litigation of a criminal
Page 3, Line 42matter involving the use of force by a peace officer that results
Page 3, Line 43in a victim's death shall not make an extrajudicial statement
Page 4, Line 1that the attorney or peace officer knows or reasonably should
Page 4, Line 2know will be disseminated by means of public communication and
Page 4, Line 3will have a substantial likelihood of materially prejudicing an
Page 4, Line 4adjudicative proceeding in the matter; except that an attorney
Page 4, Line 5or peace officer may state:
Page 4, Line 6(a) The claim, offense, or defense involved and, except
Page 4, Line 7when prohibited by law, the identity of the persons involved;
Page 4, Line 8(b) Information contained in a public record;
Page 4, Line 9(c) That an investigation of a matter is in progress;
Page 4, Line 10(d) The scheduling or result of any step in the
Page 4, Line 11investigation or litigation;
Page 4, Line 12(e) A request for assistance in obtaining evidence and
Page 4, Line 13information necessary thereto;
Page 4, Line 14(f) A warning of danger concerning the behavior of a
Page 4, Line 15person involved when there is reason to believe that the
Page 4, Line 16likelihood of substantial harm to an individual or to the public
Page 4, Line 17exists;
Page 4, Line 18(g) The identity, residence, occupation, and family status
Page 4, Line 19of the accused;
Page 4, Line 20(h) Whether the accused person has been apprehended and,
Page 4, Line 21if not, information necessary to aid in the apprehension of the
Page 4, Line 22person;
Page 4, Line 23(i) The fact, time, and place of arrest;
Page 4, Line 24(j) The identity of the investigating and arresting peace
Page 4, Line 25officers or agencies and the length of the investigation; and
Page 4, Line 26(k) Information that a reasonable attorney would
Page 4, Line 27believe is required to protect a client from the substantial
Page 4, Line 28undue prejudicial effect of recent publicity that was not
Page 4, Line 29initiated by the attorney or the attorney's client. A statement
Page 4, Line 30made pursuant to this subsection (1)(k) must be limited to
Page 4, Line 31information necessary to mitigate the recent adverse publicity.
Page 4, Line 32(2) The prohibition in subsection (1) of this section applies
Page 4, Line 33to an attorney associated in a law firm with, or an attorney or
Page 4, Line 34a peace officer employed by the same governmental agency as,
Page 4, Line 35an attorney or peace officer subject to subsection (1) of this
Page 4, Line 36section.
Page 4, Line 37SECTION 5. In Colorado Revised Statutes, 24-4.1-302.5, amend
Page 4, Line 38(1)(j.8) as follows:
Page 4, Line 3924-4.1-302.5. Rights afforded to victims - definitions.
Page 4, Line 40(1) In order to preserve and protect a victim's rights to justice and
Page 4, Line 41due process, each victim of a crime has the following rights:
Page 4, Line 42(j.8) The right upon request, to obtain any incident recording as
Page 4, Line 43described in section 24-31-902;
Page 5, Line 1SECTION 6. In Colorado Revised Statutes, 20-1-114, amend (1)
Page 5, Line 2as follows:
Page 5, Line 320-1-114. Peace officer-involved shooting investigations -
Page 5, Line 4disclosure.
Page 5, Line 5(1) The district attorney shall, if no criminal charges are filed
Page 5, Line 6following the completion of an investigation pursuant to section
Page 5, Line 716-2.5-301, C.R.S., section 16-2.5-302, release a report and publicly
Page 5, Line 8disclose the report explaining the district attorney's findings, including the
Page 5, Line 9basis for the decision not to charge the officer with any criminal conduct.
Page 5, Line 10The district attorney shall post the written report on its website or, if it
Page 5, Line 11does not have a website, make it publicly available upon request.
Page 5, Line 12SECTION 7. Safety clause. The general assembly finds,
Page 5, Line 13determines, and declares that this act is necessary for the immediate
Page 5, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 15the support and maintenance of the departments of the state and state
Page 5, Line 16institutions.".