SB 190 — Release Information About Peace Officer Use of Force

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0953.03This Conradbill Imelhas x2313been SENATEprepared BILLfor 26-190the SENATEsignatures SPONSORSHIPof Colemanthe andappropriate Weissman,legislative Amabile,officers Benavidez,and Cutter,the Danielson,Governor. Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Marchman, Sullivan HOUSE SPONSORSHIP BaconandEnglish, Carter,Clifford,Jackson,Joseph,Lindsay,Mabrey,Marshall,Nguyen, Sirota, Woodrow, Zokaie d d e 6 a 0 S n , U g 1 H d y e a Senate Committees House Committees R M State, Veterans, & Military Affairs Judiciary 3 A BILL FOR AN ACT e n 6 C ONCERNING RELEASING INFORMATION RELATED TO INCIDENTS E m 2 U n 2 INVOLVINGAPEACEOFFICER 'SUSEOF FORCETHATRESULTSIN O g 1 H i a DEATH .

aTo Mdetermine Rwhether nthe BillGovernor Summaryhas gsigned (Note:the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

ThisSENATE summaryBILL applies26-190 toBY thisSENATOR(S) billColeman as introduced and doesWeissman, dAmabile, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillBenavidez, eCutter, 2Danielson, TExum, RGonzales 2J., passesHinrichsen, thirdJodeh, readingKipp, inMarchman, theSullivan; house of introduction, a bill summary that A r 1 applies to the reengrossed version of this bill will be available at E 3 1 S e a http://leg.colorado.gov.) n M m A Under existing law, all video and audio recordings (recordings) depicting an incident of peace officer misconduct that resulted in death must be provided upon request to the victim's family.

ThealsoREPRESENTATIVE(S)BaconandEnglish,Carter,Clifford,Jackson, billJoseph, clarifiesLindsay, nMabrey, thatMarshall, theNguyen, recordingsSirota, depictingWoodrow, anZokaie. incident of a peace officer's use of force d e 6 that resulted in death (incident) must be provided to the victim's family T R 0 A n , E d y Shading denotes HOUSE amendment.

DoubleC underliningONCERNINGRELEASINGINFORMATIONRELATEDTOINCIDENTSINVOLVING denotesA SENATEPEACE amendment.OFFICER 'S USE OF FORCE THAT RESULTS IN DEATH .

S e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.

m A regardlessofwhetherthereisacomplaintofpeaceofficermisconductfor the incident.

The bill clarifies what constitutes the incident for the purpose of releasing recordings to the victim's family.

The bill requires publicly releasing incident recordings after they are released to the victim's family.

Thebillsetsdeadlinesforthevictim'sfamilytobeinformedabout a multi-agency team investigation into an incident.

SECTION1.SECTION 1.

Legislativedeclaration.(1)Legislative Thegeneralassemblydeclaration. finds and declares that:

(1) The general assembly finds and declares that:

(b) Coloradolawrequiresamulti-agencyinvestigationofapeaceColorado law requires a multi-agency investigation of a peace officer's use of forcethatresultsindeathorapeaceforce that results in death or a peace officer's discharge of a firearm that results in injury or death;

and (c) The familyfamilyof ofapersonwhodiesbecause a person who dies because of a peace officer's use of________ forceCapital hasletters aor compellingbold interest& initalic timelynumbers accessindicate tonew informationmaterial aboutadded theto incident.existing law;

SECTION2.dashes through words or numbers indicate deletions from existing law and such material is not part of the act.

InColoradoRevisedStatutes,24-31-901,addof (1.5),force (1.7),has (2.8),a andcompelling (5.5)ollows:interest in timelyaccess to information about the incident.

SECTION 2.

In Colorado Revised Statutes, 24-31-901, add (1.5), (1.7), (2.8), and (5.5) as follows:

(1.5) "DECEDENT "MEANS" MEANS A PERSON WHOSE DEATH IS CAUSED BY A PEACE OFFICERSOFFICER S USE OF FORCE.FORCE .

(1.7) "DECEDENT"DCEDENT SSIMMEDIATEFAMILY IMMEDIATE"MEANSTHESPOUSE FAMILY,ACHILD "MEANS THE SPOUSE ,A CHILD BY BIRTH OR ADOPTION ,,A A STEPCHILD ,,THE THE PARENT ,,THE THE STEPPARENT ,A SIBLING,ASIBLING, A LEGAL GUARDIAN ,A, A SIGNIFICANT OTHER,OROTHER , OR A LAWFUL REPRESENTATIVE OF THE DECEDENT (2.8). "LAWFUL REPRESENTATIVE " MEANS A PERSON WHO IS -2- 190 DESIGNATEDBYADECEDENTORAPPOINTEDBYTHECOURTTOACTINTHE BEST INTERESTS OF THE DECEDENT.

(5.5)(2.8) "SIGNIFICANT"LAWFUL OTHER"REPRESENTATIVE " MEANS A PERSON WHO IS INDESIGNATED BY A FAMILYDECEDENT TYPELIVINGARRANGEMENTWITHADECEDENTANDWHOWOULDOR CONSTITUTEAPPOINTED ABY SPOUSETHE OFCOURT THETO DECEDENTACT IFIN THE DECEDENTBEST ANDINTERESTS OF THE PERSONDECEDENT WERE MARRIED .

8(5.5) SECTION"SIGNIFICANT 3.OTHER " MEANS A PERSON WHO IS IN A FAMILY -TYPE LIVING ARRANGEMENT WITH A DECEDENT AND WHO WOULD CONSTITUTEASPOUSEOFTHEDECEDENTIFTHEDECEDENTANDTHEPERSON WERE MARRIED .

SECTION 3.

(2)(2)(a)(I) (a)Forallincidentsinwhichthereisacomplaint (I)TOTHELAW ForENFORCEMENTAGENCYINVOLVEDINALLEGEDMISCONDUCT allofpeaceofficer incidents in which there is a complaint LAWENFORCEMENTAGENCYINVOLVEDINALLEGEDMISCONDUCT ofpeace officer misconduct by another peace officer, a civilian, or nonprofit organization, through notice totTHAT DOES NOT RESULT IN A DECEDEN'SDECEDENT S DEATH , the law enforcement agencyinvolvedagency involved in the alleged misconduct, the local law enforcementenforcementagencyortheColoradostatepatrol agencyTHATEMPLOYSTHEPEACE orOFFICER theshall Coloradorelease, stateupon patrolrequeOFANY EMPLOYSTHEPEACEOFFICERPERSON shall release,uponrequeOFANYPERSON , all unedited video and audioaudiorecordingsof recordingstheincident,includingthosefrombody-worncameras, ofPAGE the2-SENATE incident,BILL including26-190 those from body-worn cameras, dash cameras, or otherwise collected through investigation, to the publicSONpublic WHOPERSONWHOMADETHEREQUEST MADEwithintwenty-onedaysafterthelocallaw THE REQUEST within twenty-one days after the local law enforcement agency or the Colorado state patrol received the request for release of the video or audio recordingsTHErecordTHE REQUEST.REQUEST .

(II) FRALLINCIDENTSINWHICHTHEREISACOMPLAINTOFPEACEFOR OFFICERALL MISCONDUCTINCIDENTS TO THE LAW ENFORCEMENT AGENCY INVOLVED IN THEWHICH ALLEGEDTHERE MISCONDUCTIS ARISINGA FROMCOMPLAINT AOF PEACE OFFICEROFFICERMISCONDUCTTOTHELAWENFORCEMENTAGENCYINVOLVEDINTHE 'SALLEGEDMISCONDUCTARISINGFROMAPEACEOFFICER USE'SUSEOFFORCETHAT OF FORCE THAT RESULTS IN A DECEDENTSDECEDENT S DEATH ,THE LAW ENFORCEMENT -3- 190 AGENCY THAT EMPLOYS THE PEACE OFFICER SHALL RELEASE ,UPON REQUEST OF ANY PERSON ,ALL UNEDITED VIDEO AND AUDIO RECORDINGS OF THE INCIDENT,INCLUDINGINCIDENT , INCLUDING THOSE FROM BODY -WORN CAMERAS , DASH CAMERAS ,OR, OR OTHERWISE COLLECTED THROUGH INVESTIGATION ,TO THE PERSON WHO MADEMADETHEREQUESTFOLLOWINGTHEEXPIRATIONOFTHETWENTY THE-ONE-DAY REQUEST FOLLOWING THE EXPIRATION OF THE TWENTY ONE -DAY PERIOD DESCRIBED IN SUBSECTION (2)(b)(IOF THIS SECTIONSECTION. .

(III) UPONUONCOMPLETIONOFANINTERNALINVESTIGATION COMPLETION OF AN INTERNAL INVESTIGATION , INCLUDING ANY APPEALS PROCESS ,THAT EXAMINES AN INCIDENT OF USE OFFORCEBYAPEACEOFFICERTHATRESULTSINDEATHOF THECOMPLETIONFORCE BY A PEACE OFFICER THAT RESULTS IN DEATH ;THE COMPLETION OF THE INVESTIGATION OF A USE OF FORCE BY A PEACE OFFICER THAT RESULTS IN DEATHDEATHBYTHEMULTI BYAGENCYTEAMDESCRIBEDINSECTION THE16-25-302AND MULTI-AGENCY TEAM DESCRIBED IN SECTION 16-25-302 AND THE ISSUANCE OF THE REPORT REQUIRED BY SECTION 20-1-114;AND THE COMPLETIONCOMPLETIONOFACRIMINALCASE OFARISINGFROMTHE AINCIDENT CRIMINAL,INCLUDING CASE ARISING FROM THE INCIDENT,INCLUDING ANY APPEALS ,THE VIDEO AND AUDIO RECORDINGS DEPICTING THE DEATH SHALLSHALLBERELEASEDTOTHEDECEDENT BESIMMEDIATEFAMILYANDAPERSON RELEASEDDESIGNATED TOBY THE DECEDENT S IMMEDIATE FAMILY AND, AUPON PERSONREQUEST DESIGNATED, BYNOTWITHSTANDING THE DECEDENTREQUIREMENTS SOF IMMEDIATESECTION FAMILY,24-31-902 UPON(2)(b)(III) REQUESTAND ,SECTION NOTWITHSTANDING THE REQUIREMENTSOFSECTION 24-31-902(2)(b)(IIANDSECTION 24-31-902 (2)(c).

(b)(I)(b) FRALLINCIDENTSINWHICHTHEUSEOFFORCEBYAPEACE(I) OFFICERFR RESULTSALL INCIDENTS IN AWHICH DECEDENTTHE SUSE DEATHOF ,THEFORCE LAWBY ENFORCEMENTA AGENCYPEACE OFFICERRESULTSINADECEDENT SDEATH ,THELAWENFORCEMENTAGENCY THAT EMPLOYS THE PEACE OFFICER SHALL MAKE REASONABLE EFFORTS TO IDENTIFY THE DECEDENTSDECEDENT S IMMEDIATE FAMILY AND PROVIDE allvideoandaudiorecordingsdepictingaTHEDECEDENTall Sdeathmustbevideo provideduponrequesttothevictim'sspouse,parent,legalguardian,child,and audiorecordingsdepictinga THEDECEDENT S deathmustbeprovidedupon request to the victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful -4-representative, 190and representative,andsucTOEACHIDENTIFIEDMEMBEROFTHEDECEDENTsuch 'STO IMMEDIATEEACH FAMILYIDENTIFIED ANDMEMBER AOF PERSONTHE DESIGNATEDDECEDENT BYS IMMEDIATE FAMILYANDAPERSONDESIGNATEDBYTHEDECEDENT SIMMEDIATEFAMILY , UNLESS THE DECEDENTFAMILY 'SMEMBER IMMEDIATEFAMILYOR ,UNLESSTHEFAMILYMEMBERORDESIGNATEDPERSONDESIGNATED PERSON DECLINES ,WITHIN, WITHIN TWENTY -ONEONEDAYSAFTERTHEINCIDENT DAYS.T AFTERHEpersonshallbenotifiedofhis THEPAGE INCIDENT.3-SENATE BILL 26-190 or herTHEIR right, pursuant to section 24-4.1-302.5 (1)(j.8), to receive and reviewtherecordingatleast seventy-two hours prior to publicdisclosure MADE PURSUANT TO SUBSECTION (2)(a)(IIOF THIS SECTION .

HEA person shallseventeenyearsofageandunderisconsideredincapacitated,unlesslegally beemancipated. notified of his or her THEIR right, pursuant to section 24-4.1-302.5 (1)(j.8), to receive and review the recording at least seventy-two hours prior toA public disclosurMADE PURSUANT TO SUBSECTION (2)(a)(IOFTHIS SECTION.

ASECTION person4. seventeen years of age and under is considered incapacitated, unless legally emancipated.

SECTION4.In Colorado Revised Statutes, repeal and reenact, with amendments, part 3 of article 2.5 of title 16 as follows:

InColoradoRevisedStatutes,repealandreenact, with amendments, part 3 of article 2.5 of title 16 as follows:

A SSUSEDINTHISPART USED3,UNLESSTHECONTEXTOTHERWISEREQUIRES IN THIS PART 3, UNLESS THE CONTEXT OTHERWISE REQUIRES :

(1) "DECEDENT"D ECEDENT "MEANS A PERSON WHOSE DEATH IS CAUSED BY A PEACE OFFICER'SOFFICER S USE OF FORC.FORCE .

(2) "DECEDENT"D ECEDENT 'S IMMEDIATE FAMILY"MEANSFAMILY " MEANS THE SPOUSE ,ANY, ANY CHILD BY BIRTH OR ADOPTION , ANY STEPCHILD , THE PARENT ,THE, THE STEPPARENT ,A SIBLINGASIBLING,A LEGAL GUARDIAN ,A, A SIGNIFICANT OTHER,OROTHER ,OR A LAWFUL REPRESENTATIVE OF THE DECEDENT .

Peace officer actions leading to injury or death investigations-protocol-notificationtoecedent'simmediatefamily.investigations - protocol - notification to decedent's immediate family.

(1) (a) EEACH ACH POLICE DEPARTMENT ,,SHERIFF SHERIFFSS OFFICE,OFFICE,AND ANDDISTRICT DISTRICTATTORNEYWITHINTHESTATESHALLMAINTAINPROTOCOLSFORATTORNEY -5-WITHIN 190THE STATE SHALL MAINTAIN PROTOCOLS FOR PARTICIPATING IN A MULTI-AGENCY TEAM ,,WHICHMUST WHICH MUST INCLUDE AT LEAST ONE OTHER POLICE DEPARTMENT OR SHERIFF S'S OFFICE,OR THE C OLORADO BUREAU OF INVESTIGATION,INVESTIGATION , IN CONDUCTING ANY INVESTIGATION,EVALUATIONINVESTIGATION ,ORREVIEWOFANINCIDENTINVOLVINGTHE, DISCHARGEOFAFIREARMBYAPEACEOFFICERTHATRESULTEDININJURYEVALUATION ,OR REVIEW OF AN INCIDENT INVOLVING THE DISCHARGE OF A FIREARM BY A PEACE OFFICER THAT RESULTED IN INJURY OR DEATH ,OR OTHER USE OF FORCE BY A PEACE OFFICER THAT RESULTED IN DEATH.DEATH .

THEHE LAWLAWENFORCEMENTAGENCIESPARTICIPATINGNEEDNOTBEFROMTHESAME ENFORCEMENT AGENCIES PARTICIPATING NEED NOT BE FROM THE SAME JUDICIAL DISTRIC.DISTRICT.

(b) EACHLAWENFORCEMENTAGENCYSHALLPOSTTHEPROTOCOLE ACH LAW ENFORCEMENT AGENCY SHALL POST THE PROTOCOL PAGE 4-SENATE BILL 26-190 ON ITS WEBSITE O,IFOR ,IF IT DOES NOT HAVE A WEBSIT,MAKEWEBSITE ,MAKE IT PUBLICLY AVAILABLE UPON REQUEST .