https://www.denverpost.com/2020/06/21/c ... mentation/Here are some of the major changes included in the 25-page law:
Body cameras: Nearly every public-facing officer in the state will have to use body cameras by July 1, 2023, and officers could face charges for tampering or purposely failing to activate their cameras. Footage will be required to be released within 21 days after an allegation of misconduct, or within 45 days if the release could jeopardize a criminal investigation.
Use of force: Effective immediately, police are banned from using chokeholds and carotid control holds. Effective Sept. 1, officers can only use force if absolutely necessary and deadly force can’t be used against someone for a minor or nonviolent offense. Officers can only use deadly force against someone fleeing from police if they pose an immediate risk to the officer or others.
Failure to intervene: An officer who fails to try to stop another from using excessive force could face charges.
Fired cops: Officers who plead guilty to or are convicted of an inappropriate use of force, failing to intervene, or found civilly liable for excessive force or failure to intervene will lose their certification permanently. The POST board will create a database of decertified, fired and lying officers beginning Jan. 1, 2022.
Qualified immunity: People who allege civil rights violations will be able to sue police officers in their individual capacities, but officers will not be able to use qualified immunity as a defense to claims in Colorado courts. The legal doctrine generally shields government workers from being held liable for constitutional violations unless an appellate court has previously declared the conduct unconstitutional. Officers determined not to have acted in good faith or with a reasonable belief that what they did was legal can be held personally liable for 5% of a judgment or settlement, up to $25,000.
Police prosecutions: The state attorney general has the authority to prosecute persistently bad departments and officers.
Protester protections: Officers are prohibited from shooting rubber bullets indiscriminately into a crowd or targeting someone’s head, torso or back. It also prevents officers from using tear gas before announcing it and giving time to for people to disperse.
Data tracking: Law enforcement agencies will have to send the state data, including demographic information, on their use of force resulting in serious injury or death as well as stops, unannounced entries and use of firearms.
Grand jury reports: A grand jury must issue a report if the group declines to bring charges against an officer for lethal force.
Thoughts?