SB 21-174

  • Colorado Senate Bill
  • 2021 Regular Session
  • Introduced in Senate May 19, 2021
  • Passed Senate May 19, 2021
  • Passed House Jun 03, 2021
  • Signed by Governor Jul 02, 2021

Policies For Peace Officer Credibility Disclosures

Abstract

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.)

Bill Sponsors (4)

Votes


Actions


Jul 02, 2021

Office of the Governor

Governor Signed

Jun 22, 2021

Office of the Governor

Sent to the Governor

House

Signed by the Speaker of the House

Senate

Signed by the President of the Senate

Jun 03, 2021

Senate

Senate Considered House Amendments - Result was to Concur - Repass

House

House Third Reading Passed with Amendments - Floor

Jun 02, 2021

House

House Third Reading Laid Over Daily - No Amendments

Jun 01, 2021

House

House Second Reading Special Order - Passed with Amendments - Floor

May 28, 2021

House

House Committee on Appropriations Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Appropriations House Committee of the Whole

May 26, 2021

House

House Committee on Judiciary Refer Unamended to Appropriations

  • Referral-Committee
Judiciary Appropriations

May 19, 2021

House

Introduced In House - Assigned to Judiciary

  • Introduction
Judiciary

Senate

Senate Third Reading Passed - No Amendments

May 18, 2021

Senate

Senate Second Reading Passed with Amendments - Committee, Floor

May 14, 2021

Senate

Senate Second Reading Laid Over Daily - No Amendments

May 13, 2021

Senate

Senate Second Reading Laid Over Daily - No Amendments

May 11, 2021

Senate

Senate Second Reading Laid Over to 05/13/2021 - No Amendments

May 10, 2021

Senate

Senate Second Reading Laid Over Daily - No Amendments

May 05, 2021

Senate

Senate Second Reading Laid Over to 05/10/2021 - No Amendments

May 03, 2021

Senate

Senate Second Reading Laid Over to 05/05/2021 - No Amendments

Apr 27, 2021

Senate

Senate Second Reading Laid Over to 05/03/2021 - No Amendments

Apr 23, 2021

Senate

Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Appropriations Senate Committee of the Whole

Apr 01, 2021

Senate

Senate Committee on Judiciary Refer Amended to Appropriations

  • Referral-Committee
Judiciary Appropriations

Mar 05, 2021

Senate

Introduced In Senate - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Signed Act (07/02/2021) PDF
Final Act (06/22/2021) PDF
Rerevised (06/03/2021) PDF
Revised (06/01/2021) PDF
Reengrossed (05/19/2021) PDF
Engrossed (05/18/2021) PDF
Introduced (03/05/2021) PDF
PA3 (05/28/2021) PDF
PA2 (04/23/2021) PDF
PA1 (04/05/2021) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (04/22/2021) PDF
Fiscal Note SA2 (05/27/2021) PDF
Fiscal Note FN1 (03/17/2021) PDF
Fiscal Note FN2 (05/25/2021) PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.