Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that requires internal investigations within law enforcement agencies to be made public.

Highlights:

• Requires that elements of a completed internal investigation be released for public inspection upon request and specifies that those elements shall consist of the following (Sec. 1):

• Any appeals processes;

• Examination of conduct in-uniform or on-duty;

• Incidents of alleged misconduct involving a member of the public; and

• The investigation file in its entirety, which includes;

• Witness interviews and video and audio recordings;

• Transcripts, documentary evidence, and investigative notes; and

• Final departmental decision.

• Specifies that the custodian of the file may provide a summary of the investigation first and that they must provide the entire file upon further request (Sec. 1).

• Authorizes the custodian of the file to redact or remove the following information, including (Sec. 1):

• Personal identifying information and juvenile identifying information;

• Identifying or contact information of confidential informants, witnesses, or victims;

• Home address, personal phone number, and email address of a peace officer;

• Information prohibited for public release by state or federal law;

• Medical or mental health information;

• Non-final disciplinary recommendations;

• Compelled statements made by peace officers who are the subject of a criminal investigation directly related to conduct underlying the internal investigation;

• Video interviews if an official transcript was produced unless requested after receiving the transcript;

• Identity of officers who volunteered information related the investigation but are not subject to it;

• Confidential intelligence; and

• Video or photograph that raises substantial privacy concerns for defendants, witnesses, victims, or informants, including:

• Nudity;

• Medical emergencies or mental health crises;

• Victim interviews; or

• The interior of a home or treatment facility.

• Specifies that a written explanation for redaction may be requested (Sec. 1).

• Authorizes that a witness, victim, or defendant may waive in writing the privacy interest that may be implicated by public release (Sec. 1).

• Authorizes the custodian to deny inspection of the file if there is an ongoing investigation related to the subject of the internal investigation (Sec. 1);

• Specifies that the file must be available for public inspection upon the dismissal of all charges or a sentence for a conviction.

• Authorizes those who’ve been denied access to any information to file an application with the district court in the county where the records are located (Sec. 1).

• Authorizes the custodian to deny inspection of a file if it is prohibited by the Colorado Supreme Court or a court order (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires internal investigations within law enforcement agencies to be made public.

Highlights:

• Requires that elements of a completed internal investigation be released for public inspection upon request and specifies that those elements shall consist of the following (Sec. 1):

• Any appeals processes;

• Examination of conduct in-uniform or on-duty;

• Incidents of alleged misconduct involving a member of the public; and

• The investigation file in its entirety, which includes;

• Witness interviews and video and audio recordings;

• Transcripts, documentary evidence, and investigative notes; and

• Final departmental decision.

• Specifies that the custodian of the file may provide a summary of the investigation first and that they must provide the entire file upon further request (Sec. 1).

• Authorizes the custodian of the file to redact or remove the following information, including (Sec. 1):

• Personal identifying information and juvenile identifying information;

• Identifying or contact information of confidential informants, witnesses, or victims;

• Home address, personal phone number, and email address of a peace officer;

• Information prohibited for public release by state or federal law;

• Medical or mental health information;

• Non-final disciplinary recommendations;

• Compelled statements made by peace officers who are the subject of a criminal investigation directly related to conduct underlying the internal investigation;

• Video interviews if an official transcript was produced unless requested after receiving the transcript;

• Identity of officers who volunteered information related the investigation but are not subject to it;

• Confidential intelligence; and

• Video or photograph that raises substantial privacy concerns for defendants, witnesses, victims, or informants, including:

• Nudity;

• Medical emergencies or mental health crises;

• Victim interviews; or

• The interior of a home or treatment facility.

• Specifies that a written explanation for redaction may be requested (Sec. 1).

• Authorizes that a witness, victim, or defendant may waive in writing the privacy interest that may be implicated by public release (Sec. 1).

• Authorizes the custodian to deny inspection of the file if there is an ongoing investigation related to the subject of the internal investigation (Sec. 1);

• Specifies that the file must be available for public inspection upon the dismissal of all charges or a sentence for a conviction.

• Authorizes those who’ve been denied access to any information to file an application with the district court in the county where the records are located (Sec. 1).

• Authorizes the custodian to deny inspection of a file if it is prohibited by the Colorado Supreme Court or a court order (Sec. 1).

Full Bill Text