Gov. Polis Signs Police Reform And Accountability Bill Into Law

DENVER, CO — Gov. Jared Polis signed a sweeping police reform and accountability bill Friday — Juneteenth — amid nationwide protests calling for racial justice. Community leaders, civil rights attorneys and the families of Elijah McClain and De'Von Bailey attended the signing at the Colorado State Capitol.

Senate Bill 217, the Law Enforcement Integrity and Accountability Act, will increase accountability and transparency within Colorado's law enforcement system.

"Juneteenth did not mark the end to racism in our country, nor did it end the racial inequities," Polis said during a news conference Friday morning. "The struggle continues."

The bill was sponsored by Rep. Leslie Herod (D-Denver), Rep. Serena Gonzales-Gutierrez (D-Denver), Sen. Leroy Garcia (D-Pueblo) and Sen. Rhonda Fields (D-Aurora).

“It is a historic day. Today we took a monumental step in ensuring integrity and accountability are embedded within Colorado Law Enforcement," Herod said during the news conference.

“This will not bring back Elijah McClain or De’Von Bailey, but their deaths will not be in vain. We are one of the first states in the nation to pass a police reform package of this magnitude. It could not have happened without consistent demand from protesters and the community, or the tireless work of the families directly impacted by police brutality."

The House voted 52-13 to pass the bill June 12. The new provisions strengthen the criminal legal standard for police officers who use excessive force, ban choke holds and protect protesters from police violence.

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The bill will require all law enforcement to use body cameras and to collect and report data on those who are stopped and searched.

SB20-217 - Law Enforcement Integrity Act provisions:

• Mandate body cameras, make video of police misconduct publicly available, and hold officers accountable when they fail to record. Officers will have to record interactions with the public when responding to a call and when they turn off their camera, they will be held accountable. When officers are accused of misconduct, the body cam footage must be released to the public within 21 days, and ensures the victim of the officer misconduct and the victim's family receive the footage 72 hours prior to public release.
• Require data collection and public reporting on policing. All law enforcement agencies will be required to track demographic data of people they encounter. This data will include any use of force (both the type and severity), civilian searches, forced entries into homes, and the unholstering and discharge of a firearm.
• Rein in use of deadly force by officers. Changes use of force standard to outlaw chokeholds; outlaw deadly force against someone fleeing the police who does not pose an immediate risk; outlaw the use of deadly force to arrest people for minor offenses and non-violent offenses; and require officers to use non-violent means before resorting to any force.
• Require Officers to intervene to stop excessive force. The law creates a duty for officers to intervene and stop excessive force and makes failure to intervene by an officer a criminal offense.
• Decertify officers who use unlawful force. If a court or internal investigations finds that an officer used unlawful force or officer is convicted of a violent offense, tampered with body camera footage to cover up misconduct, or failed to intervene to stop unlawful use of force that results in serious bodily injury or death, the officer will lose POST certification, thus stopping bad police officers from continuing to put the public at risk.
• Public database to prevent rehiring of bad officers: Officers who are found untruthful, terminated for cause, or decertified would be listed in a publicly-available database to prevent them from moving from one agency to another.
• Justice for victims of police violence by ending qualified immunity: The law allows victims of police misconduct to bring a lawsuit for the violation of their constitutional rights. Officers found liable will no longer be shielded by the doctrine of qualified immunity which has served to protect bad officers from accountability and denied justice to victims.
• Protect protesters from police use of tear gas and projectiles. In response to incidents at recent protests, the law prohibits law enforcement officers from shooting rubber bullets indiscriminately into a crowd and prohibits targeting rubber bullets at someone's head, torso, or back. The law also prohibits using tear gas without first warning the crowd, and giving people time and a route to disperse.

In a statement, the Colorado District Attorneys' Council announced its support for the measure:

“In recognition of the signing of SB20-217 by the Governor this morning, the Colorado District Attorneys’ Council commends not just the sponsors of the bill but also the critical input from so many other legislators – both Republicans and Democrats – who worked so hard to make this a truly collaborative and bipartisan bill in furtherance of meaningful and responsible law enforcement policy and practices.

"CDAC is proud to have played an impactful role in collaborating with the bill sponsors, community leaders and law enforcement agencies on many of the significant issues in this legislation. We expressly acknowledge the leadership and statesmanship of member DAs George Brauchler (R-Arapahoe, Douglas, Elbert, Lincoln) from the 18th Judicial District and Michael Dougherty (D-Boulder) from the 20th for their impactful and supportive testimony, and positive input on the bill as it worked through the legislature.

"As we move forward together, CDAC remains dedicated to working alongside civil rights advocates and law enforcement stakeholders in our shared pursuit of safer and healthier communities for all in Colorado.”