(1) On or before January 1, 2022, each law enforcement agency and district
attorney's office shall adopt and implement written policies and procedures
consistent with the statewide model for peace officer credibility disclosure
notifications created and recommended by the peace officer credibility disclosure
notification committee established in subsection (2)(a) of this section.
(2) (a) There is hereby created the peace officer credibility disclosure
notification committee. The peace officer credibility disclosure notification
committee must be comprised of the following members as appointed by their
respective organizations:
(I) A representative of the Colorado district attorneys' council;
(II) A representative from an organization representing police officers;
(III) A representative from an organization representing the chiefs of police;
(IV) A representative from an organization representing the county sheriffs;
(V) A county attorney designated by an organization representing counties;
and
(VI) A city attorney designated by an organization representing
municipalities.
(b) The peace officer credibility disclosure notification committee must be
co-chaired by the representative from the Colorado district attorneys' council and
the representative from the organization representing peace officers. The co-chairs
of the committee shall set the dates, times, and procedures for the committee
meetings as deemed necessary to meet the requirements of this section. The peace
officer credibility disclosure notification committee shall create a statewide model
for peace officer credibility disclosure notifications by December 1, 2021.
(c) The statewide model for peace officer credibility disclosure notification
policies and procedures must include, but need not be limited to:
(I) A prompt notification from a law enforcement agency to the district
attorney of any sustained finding that a peace officer has:
(A) Knowingly made an untruthful statement concerning a material fact,
knowingly omitted a material fact in an official criminal justice record, or knowingly
omitted a material fact while testifying under oath or during an internal affairs
investigation or administrative investigation and disciplinary process;
(B) Demonstrated a bias based on race, religion, ethnicity, gender, sexual
orientation, age, disability, national origin, or any other protected class;
(C) Tampered with or fabricated evidence; or
(D) Been convicted of any crime involving dishonesty, been charged in a
criminal proceeding with any felony or any crime involving dishonesty, or violated
any policy of the law enforcement agency regarding dishonesty.
(II) A law enforcement agency's obligation to notify the district attorney's
office in the law enforcement agency's jurisdiction when:
(A) A peace officer is a potential witness in a pending criminal prosecution in
which a criminal defendant has been formally charged;
(B) The peace officer is under a concurrent criminal or administrative
investigation regarding an allegation related to the peace officer's involvement in
the defendant's pending criminal case; and
(C) The result of the concurrent criminal or administrative investigation, if
sustained, would require disclosure.
(III) A process for a law enforcement agency to promptly notify the district
attorney of such a finding; and
(IV) A process to remove a peace officer's credibility disclosure notification
from the district attorney's credibility disclosure notification record if appropriate
and lawful.
(d) (I) The statewide model for peace officer credibility disclosure
notifications established in subsection (2)(c) of this section must require that a law
enforcement agency shall include in the credibility disclosure notification:
(A) The name of the peace officer;
(B) The name of the law enforcement agency that employs or employed the
peace officer at the time of the investigation or sustained finding described in
subsection (2)(c)(I) of this section or an investigation described in subsection
(2)(c)(II) of this section;
(C) The following statement: This notification is to inform you that there is
information in the law enforcement agency's possession regarding [name of peace
officer] that may affect the peace officer's credibility in court.
(D) The applicable statutory provision identifying the basis for the credibility
disclosure notification as set forth in subsections (2)(c)(I)(A) through (2)(c)(I)(D) of
this section.
(II) The statewide model for peace officer credibility disclosure notifications
must provide a process to notify the involved peace officer at least seven calendar
days prior to sending the credibility disclosure notification to the district attorney's
office, if practicable.
(3) On or before February 1, 2022, each district attorney shall make available
to the public the policies and procedures created and implemented pursuant to
subsection (2) of this section. The policies and procedures must include, but need
not be limited to, a process for a district attorney to:
(a) Receive credibility disclosure notifications;
(b) Maintain a current record of all credibility disclosure notifications,
distinguishing between the credibility disclosure notifications in subsections
(2)(c)(I) and (2)(c)(II) of this section;
(c) Describe how members of the public can access the database created by
the P.O.S.T. board pursuant to section 24-31-303 (1)(r) concerning peace officers
who are subject to credibility disclosure notifications. The procedures must be
posted on the district attorney's or county's website; and
(d) Establish a process to timely notify a defense attorney or defendant of
credibility disclosure notification records pursuant to rule 16 of the Colorado rules
of criminal procedure.
(e) Repealed.
(4) Each district attorney shall review the policies and procedures adopted
and implemented pursuant to subsection (3) of this section at least every four years
to ensure compliance with controlling federal and state case law interpreting Brady
v. Maryland , 373 U.S. 83 (1963); Giglio v. United States , 405 U.S. 150 (1972); Kyles v.
Whitley , 514 U.S. 419 (1995), and its progeny; as well as the Colorado rules of
criminal procedure.