(1) (a) The
general assembly finds, determines, and declares that profiling is a practice that
presents a great danger to the fundamental principles of our constitutional republic
and is abhorrent and cannot be tolerated.
(b) The general assembly further finds and declares that motorists who have
been stopped by peace officers for no reason other than the color of their skin or
their apparent race, ethnicity, age, or gender are the victims of discriminatory
practices.
(c) The general assembly further finds and declares that Colorado peace
officers risk their lives every day. The people of Colorado greatly appreciate the
hard work and dedication of peace officers in protecting public safety. The good
name of these peace officers should not be tarnished by the actions of those who
commit discriminatory practices.
(d) It is therefore the intent of the general assembly in adopting this section
to provide a means of identification of peace officers who are engaging in profiling,
to underscore the accountability of those peace officers for their actions, and to
provide training to those peace officers on how to avoid profiling.
(2) Definitions. For purposes of this section:
(a) Legal basis means any basis authorized by statute or that the Colorado
supreme court or United States supreme court has determined is lawful pursuant to
section 7 of article II of the state constitution or the fourth amendment to the
United States constitution.
(b) Profiling means the practice of relying solely on race, ethnicity, gender,
national origin, language, religion, sexual orientation, gender identity, gender
expression, age, or disability in:
(I) Determining the existence of probable cause to place in custody or arrest
an individual or in constituting a reasonable and articulable suspicion that an
offense has been or is being committed so as to justify the detention of an
individual or the investigatory stop of a vehicle; or
(II) Determining the scope, substance, or duration of an investigation or law
enforcement activity to which a person will be subjected.
(3) Profiling practices prohibited. Profiling as defined in subsection (2) of
this section is prohibited; except that a peace officer may use age when making law
enforcement decisions if the peace officer is investigating a juvenile status offense.
(3.5) A peace officer, as defined in section 24-31-901 (3), shall have a legal
basis for making a contact, as defined in section 24-31-901 (1), whether consensual
or nonconsensual, with a member of the public for purposes of enforcing the law or
investigating possible violations of the law. After making a contact, a peace officer,
as defined in section 24-31-901 (3), shall report to the peace officer's employing
agency:
(a) The perceived demographic information of the person contacted,
provided that the identification of these characteristics is based on the observation
and perception of the peace officer making the contact and other available data;
(b) Whether the contact was a traffic stop;
(c) The time, date, and location of the contact;
(d) The duration of the contact;
(e) The reason for the contact;
(f) The suspected crime;
(g) The result of the contact, such as:
(I) No action, warning, citation, property seizure, or arrest;
(II) If a warning or citation was issued, the warning provided or violation cited;
(III) If an arrest was made, the offense charged;
(IV) If the contact was a traffic stop, the information collected, which is
limited to the driver;
(h) The actions taken by the peace officer during the contact, including but
not limited to whether:
(I) The peace officer asked for consent to search the person, vehicle, or other
property, and, if so, whether consent was provided;
(II) The peace officer searched the person, a vehicle, or any property, and, if
so, the basis for the search and the type of contraband or evidence discovered, if
any;
(III) The peace officer seized any property, and, if so, the type of property
that was seized and the basis for seizing the property;
(IV) A peace officer unholstered or brandished a weapon during the contact,
and, if so, the type of weapon; and
(V) A peace officer discharged a weapon during the contact.
(4) (a) A peace officer certified pursuant to this part 3 shall provide, without
being asked, the peace officer's business card to any person whom the peace
officer has detained in a traffic stop but has not cited or arrested. The business card
must include identifying information about the peace officer, including but not
limited to the peace officer's name, division, precinct, and badge or other
identification number; a telephone number that may be used, if necessary, to report
any comments, positive or negative, regarding the traffic stop; and information
about how to file a complaint related to the contact. The identity of the reporting
person and the report of any such comments that constitute a complaint must
initially be kept confidential by the receiving law enforcement agency, to the extent
permitted by law. The receiving law enforcement agency shall be permitted to
obtain some identifying information regarding the complaint to allow initial
processing of the complaint. If it becomes necessary for the further processing of
the complaint for the complainant to disclose the complainant's identity, the
complainant shall do so or, at the option of the receiving law enforcement agency,
the complaint may be dismissed.
(b) The provisions of paragraph (a) of this subsection (4) shall not apply to
authorized undercover operations conducted by any law enforcement agency.
(c) Each law enforcement agency in the state shall compile on at least an
annual basis any information derived from telephone calls received due to the
distribution of business cards as described in paragraph (a) of this subsection (4)
and that allege profiling. The agency shall make such information available to the
public but shall not include the names of peace officers or the names of persons
alleging profiling in such information. The agency may also include in such
information the costs to the agency of complying with the provisions of this
subsection (4).
(5) The training provided for peace officers shall include an examination of
the patterns, practices, and protocols that result in profiling and prescribe patterns,
practices, and protocols that prevent profiling. On or before August 1, 2001, the
P.O.S.T. board shall certify the curriculum for such training.
(6) No later than six months after June 5, 2001, each law enforcement
agency in the state shall have written policies, procedures, and training in place
that are specifically designed to address profiling. Each peace officer employed by
such law enforcement agency shall receive such training. The written policies and
procedures shall be made available to the public for inspection during regular
business hours.