REVOCATION OF POST CERTIFICATE FOR EXCESSIVE FORCE
Any conviction, either by jury or plea, to inappropriate use of use of force, or any crime for use or threatened use of physical force, requires: 1) the agency to terminate the officer; and 2) POST to immediately revoke the officer’s certification. There will be no way the officer may regain certification.
BODY CAMERA REQUIREMENT
This law would mandate all law enforcement agency provide body worn cameras to members that interaction with the public. Video of any incident must be provided to the public within seven days. Tampering with the camera or failure to activate the camera before an incident will result in a civil fine against the agency, and the recommendation for discipline against the officer.
DEMOGRAPHIC DATA COLLECTION
This provision requires officers to collect the demographic data of everyone “stopped” by the police, including whether it was traffic related, date, time, location, duration, reason, the specific suspected crime, and the disposition of the stop. The officer must also record whether a search was conducted, and whether it was done under consent, and whether contraband or property was seized. Finally, if there was an unannounced entry to a premise (discussed later), the officer must document the entry and the perceived demographics of the residents.
NO-KNOCK WARRANTS / EXIGENT ENTRIES
This law would create new C.R.S. section that prohibits “no-knock” warrants. Upon execution of a warrant, the officer must give notice, authority, and purpose of the search to the persons in the premise. Additionally, it makes a requirement for an officer to announce upon any entry of a premise to arrest or pursue a suspect (or more generally, “exigent entries”). The exception to the announced exigent entry is to prevent serious bodily injury, or the person is in “imminent grave danger,” or with the permission of the head of the agency (the Chief or Sheriff).
REQUIREMENTS TO ISSUE SUMMONS INSTEAD OF ARREST
This proposed law makes it a requirement to issue summonses for:
1) All traffic and petty offenses (and comparable municipal ordinances)
2) All misdemeanors (and comparable municipal ordinances), unless:
a. It is a Victim Rights Act crime
b. It is a mandatory arrest crime, like domestic violence
c. There is a substantial risk the defendant will flee prosecution
d. There is substantial risk of imminent harm to a victim if defendant is not jailed
e. DUI charges
f. Crimes involving a deadly weapon
The law also creates a presumption that officers will seek felony summons for all class 4, 5, and 6 felonies, and level 3 and 4 drug felonies, unless the conditions above apply.
