(1) (a) (I) By July
1, 2023, all local law enforcement agencies in the state and the Colorado state
patrol shall provide body-worn cameras for each peace officer of the law
enforcement agency who interacts with members of the public. Law enforcement
agencies may seek funding pursuant to section 24-33.5-519.
(II) (A) Except as provided in subsection (1)(a)(II)(B) or (1)(a)(II)(C) of this
section, a peace officer shall wear and activate a body-worn camera or dash
camera, if the peace officer's vehicle is equipped with a dash camera, when
responding to a call for service, entering into a premises for the purposes of
enforcing the law or in response to a call for service, during a welfare check except
for a motorist assist, or during any interaction with the public initiated by the peace
officer, whether consensual or nonconsensual, for the purpose of enforcing the law
or investigating possible violations of the law. The body-worn camera or dash
camera does not need to be on when en route to a call for service, but should be
turned on shortly before the vehicle approaches the scene.
(B) A peace officer may turn off a body-worn camera to avoid recording
personal information that is not case related; when working on an unrelated
assignment; when there is a long break in the incident; and in administrative,
tactical, and management discussions when civilians are not present.
(C) A peace officer does not need to wear or activate a body-worn camera if
the peace officer is working undercover.
(D) The provisions of this subsection (1)(a)(II) do not apply to jail peace
officers or staff of a local law enforcement agency working in any place in the jail
that has functioning video cameras; except that this subsection (1)(a)(II) applies to
jail peace officers when performing a task that requires an anticipated use of force,
including cell extractions and restraint chairs. The provisions of this subsection
(1)(a)(II) also do not apply to the civilian or administrative staff of the Colorado state
patrol or a local law enforcement agency, the executive detail of the Colorado state
patrol, and peace officers working in a courtroom.
(E) Notwithstanding any other provision of this section, a peace officer shall
not activate a body-worn camera or dash camera and capture, view, or otherwise
record the defense viewing, inspecting, or discussing the viewing or inspection of a
tangible object held in connection with a criminal case. When the defense views or
inspects evidence pursuant to section 16-9-801, it is not an interaction with the
public initiated by the peace officer, and the defense, including members of the
defense team, are not members of the public. It is also not for the purpose of
enforcing the law or investigating possible violations of the law.
(III) If a peace officer fails to activate a body-worn camera or dash camera as
required by this section or tampers with body-worn- or dash-camera footage or
operation when required to activate the camera, there is a permissive inference in
any investigation or legal proceeding, excluding criminal proceedings against the
peace officer, that the missing footage would have reflected misconduct by the
peace officer. If a peace officer fails to activate or reactivate his or her body-worn
camera as required by this section or tampers with body-worn- or dash-camera
footage or operation when required to activate the camera, any statements or
conduct sought to be introduced in a prosecution through the peace officer related
to the incident that were not recorded due to the peace officer's failure to activate
or reactivate the body-worn camera as required by this section or if the statement
or conduct was not recorded by other means creates a rebuttable presumption of
inadmissibility. Notwithstanding any other provision of law, this subsection (1)(a)(III)
does not apply if the body-worn camera was not activated due to a malfunction of
the body-worn camera and the peace officer was not aware of the malfunction, or
was unable to rectify it, prior to the incident, provided that the law enforcement
agency's documentation shows the peace officer checked the functionality of the
body-worn camera at the beginning of his or her shift.
(IV) (A) In addition to any criminal liability and penalty under the law, if a
court, administrative law judge, hearing officer, or a final decision in an internal
investigation finds that a peace officer intentionally failed to activate a body-worn
camera or dash camera or tampered with any body-worn or dash camera, except as
permitted in this section, the peace officer's employer shall impose discipline up to
and including termination, to the extent permitted by applicable constitutional and
statutory personnel laws and case law.
(B) In addition to any criminal liability and penalty under the law, if a court,
administrative law judge, hearing officer, or a final decision in an internal
investigation finds that a peace officer intentionally failed to activate a body-worn
camera or dash camera or tampered with any body-worn or dash camera, except as
permitted in this section, with the intent to conceal unlawful or inappropriate
actions or obstruct justice, the P.O.S.T. board shall suspend the peace officer's
certification for a period of not less than one year and the suspension may only be
lifted within the period of the suspension if the peace officer is exonerated by a
court, administrative law judge, or internal affairs investigation.
(C) In addition to any criminal liability and penalty under the law, if a court,
administrative law judge, hearing officer, or a final decision in an internal
investigation finds that a peace officer intentionally failed to activate a body-worn
camera or dash camera or tampered with any body-worn or dash camera, except as
permitted in this section, with the intent to conceal unlawful or inappropriate
actions, or obstruct justice, in an incident resulting in a civilian death or serious
bodily injury, the P.O.S.T. board shall permanently revoke the peace officer's
certification and the revocation may only be overturned if the peace officer is
exonerated by a court, administrative law judge, or internal affairs investigation.
(b) A local law enforcement agency and the Colorado state patrol shall
establish and follow a retention schedule for body-worn camera recordings in
compliance with Colorado state archives rules and direction.
(2) (a) For all incidents in which there is a complaint of peace officer
misconduct by another peace officer, a civilian, or nonprofit organization, through
notice to the law enforcement agency involved in the alleged misconduct, the local
law enforcement agency or the Colorado state patrol shall release, upon request,
all unedited video and audio recordings of the incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, to the
public within twenty-one days after the local law enforcement agency or the
Colorado state patrol received the request for release of the video or audio
recordings.
(b) (I) All video and audio recordings depicting a death must be provided
upon request to the victim's spouse, parent, legal guardian, child, sibling,
grandparent, grandchild, significant other, or other lawful representative, and such
person shall be notified of his or her right, pursuant to section 24-4.1-302.5 (1)(j.8),
to receive and review the recording at least seventy-two hours prior to public
disclosure. A person seventeen years of age and under is considered incapacitated,
unless legally emancipated.
(II) (A) Notwithstanding any other provision of this section, any video that
raises substantial privacy concerns for criminal defendants, victims, witnesses,
juveniles, or informants, including video depicting nudity; a sexual assault; a
medical emergency; private medical information; a mental health crisis; a victim
interview; a minor, including any images or information that might undermine the
requirement to keep certain juvenile records confidential; any personal information
other than the name of any person not arrested, cited, charged, or issued a written
warning, including a government-issued identification number, date of birth,
address, or financial information; significantly explicit and gruesome bodily injury,
unless the injury was caused by a peace officer; or the interior of a home or
treatment facility, shall be blurred to protect the substantial privacy interest while
still allowing public release. Unblurred footage shall not be released without the
written authorization of the victim or, if the victim is deceased or incapacitated, the
written authorization of the victim's next of kin. A person seventeen years of age
and under is considered incapacitated, unless legally emancipated. This subsection
(2)(b)(II)(A) does not permit the removal of any portion of the video.
(B) If blurring is insufficient to protect the substantial privacy interest, the
local law enforcement agency or the Colorado state patrol shall, upon request,
release the video to the victim or, if the victim is deceased or incapacitated, to the
victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild,
significant other, or other lawful representative within twenty days after receipt of
the complaint of misconduct. In cases in which the recording is not released to the
public pursuant to this subsection (2)(b)(II)(B), the local law enforcement agency
shall notify the person whose privacy interest is implicated, if contact information is
known, within twenty days after receipt of the complaint of misconduct, and inform
the person of his or her right to waive the privacy interest.
(C) A witness, victim, or criminal defendant may waive in writing the
individual privacy interest that may be implicated by public release. Upon receipt of
a written waiver of the applicable privacy interest, accompanied by a request for
release, the law enforcement agency may not redact or withhold release to protect
that privacy interest.
(III) Any video that would substantially interfere with or jeopardize an active
or ongoing investigation may be withheld from the public; except that the video
shall be released no later than forty-five days from the date of the allegation of
misconduct; except that in a case in which the only offenses charged are statutory
traffic infractions, the release of the video may be delayed pursuant to rule 8 of the
Colorado rules for traffic infractions. In all cases when release of a video is delayed
in reliance on this subsection (2)(b)(III), the prosecuting attorney shall prepare a
written explanation of the interference or jeopardy that justifies the delayed
release, contemporaneous with the refusal to release the video. Upon release of the
video, the prosecuting attorney shall release the written explanation to the public.
(c) If criminal charges have been filed against any party to the incident, that
party must file any constitutional objection to release of the recording in the
pending criminal case before the twenty-one-day period expires. Only in cases in
which there is a pending criminal investigation or prosecution of a party to the
incident, the twenty-one-day period shall begin from the date of appointment of
counsel, the filing of an entry of appearance by counsel, or the election to proceed
pro se by the defendant, receipt of the criminal complaint, and the defendant's
receipt of the video in discovery in the criminal prosecution made on the record
before a judge. If the defendant elects to proceed pro se in the criminal case, the
court shall advise the defendant of the twenty-one-day deadline for the defendant
to file any constitutional objection to release of the recording in the pending
criminal case as part of the court's advisement. The court shall hold a hearing on
any objection no later than seven days after it is filed and issue a ruling no later
than three days after the hearing. The hearing is considered a critical stage as
defined in section 24-4.1-302 and gives victims the right to be heard pursuant to
section 24-4.1-302.5.
(3) Subsection (1)(a)(III) of this section, as it relates to only an officer
tampering with body-worn or dash-camera footage or operation, and subsection (2)
of this section apply on and after July 6, 2021, when a peace officer is wearing a
body-worn camera or the officer's vehicle is equipped with a dash camera. If a
peace officer is wearing a body-worn camera or the officer's vehicle is equipped
with a dash camera, the remaining portions of this section apply on and after July 1,
2022. This section does not require a law enforcement agency to provide its law
enforcement officers with body-worn cameras prior to July 1, 2023.