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SB21-174

Policies For Peace Officer Credibility Disclosures

Concerning adoption of written policies by law enforcement agencies for constitutionally required peace officer credibility disclosure notifications.
Session:
2021 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

The bill requires a law enforcement agency to provide a credibility disclosure notification to a district attorney's office if a peace officer's credibility is called into question by an internal investigation, an allegation, or a sustained finding. The bill outlines conduct that a law enforcement agency shall report to a district attorney's office. The law enforcement agency shall also provide the credibility disclosure notification to the involved peace officer at least 7 calendar days prior to sending the credibility disclosure notification to the district attorney's office, except under specific circumstances.The bill requires a district attorney's office to adopt written policies and procedures for receiving and maintaining credibility disclosure notification records (records) concerning peace officers. A district attorney's office shall determine whether a record must be created based on a law enforcement agency's credibility disclosure notification. The policies and procedures must include a process to notify defense attorneys or defendants of a record pursuant to rule 16 of the Colorado rules of criminal procedure, as well as a process to remove a record found to be inaccurate or false by the court or the relevant law enforcement agency.The bill creates the peace officer credibility disclosure notification committee (committee). The committee is required to create a statewide model for peace officer credibility disclosure notifications (statewide model) by December 1, 2021. The statewide model must include policies and procedures that law enforcement agencies and district attorney's offices are required to adopt and implement on or before January 1, 2022.

The committee's policies and procedures must include the circumstances that trigger a law enforcement agency to promptly notify a district attorney if a peace officer's credibility is called into question by a sustained finding. The committee's policies and procedures must also include the circumstances that trigger a law enforcement agency's obligation to notify a district attorney when a peace officer's credibility is called into question by a criminal or administrative investigation. Additionally, the committee's policies and procedures must include a process for district attorneys to follow for receiving credibility disclosure notifications and maintaining a current record of all credibility disclosure notifications. The committee's policies and procedures must also include a process for district attorneys to timely notify a defense attorney or defendant of credibility disclosure notification records (records) and to remove any records when appropriate and lawful.

The bill requires district attorneys to review the committee's policies and procedures at least every 4 years to ensure compliance with controlling federal and state case law, as well as the Colorado rules of criminal procedure. The bill also requires a district attorney to make available to the public the committee's policies and procedures.

The bill requires the P.O.S.T. board to create and maintain a database, in a searchable format to be published on its website, containing information related to a peace officer's actions that resulted in a credibility disclosure notification.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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