The act clarifies that video and audio recordings (recordings) depicting an incident of a peace officer's use of force that resulted in death (incident) must be provided to the decedent's immediate family within 21 days after the incident regardless of whether there is a complaint of peace officer misconduct for the incident. The act requires the multi-agency team investigating the incident or the law enforcement agency that employs the peace officer who used force in the incident to notify the decedent's immediate family about the multi-agency team investigation into the incident within 24 hours after the scene of the incident is cleared. The notification must include the names of the law enforcement agencies that comprise the multi-agency investigating team and the status of the investigation. The act prohibits a peace officer participating in the investigation of a criminal matter involving an incident from making an extrajudicial statement on behalf of a law enforcement agency that the peace officer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding on the matter. Video of an incident produced for purposes of a community or critical incident briefing must include certain disclaimers, and narration or commentary must be limited to the facts of the incident.(Note: This summary applies to this bill as enacted.)
Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC:If the TNC has at least 20,000 rides occurring monthly (large-scale TNC) on its digital network, pay for the required criminal history record check for an individual before the individual is permitted to act as a driver;Procure a privately administered criminal history record check for a driver at least once every 6 months after the initial criminal history record check;Share the results of each criminal history record check with the driver who is the subject of the record check; andProcure a privately administered criminal history record check if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the privately administered criminal history record checks. A TNC shall create a deactivation and suspension policy to initiate a review of a driver for deactivation within 7 business days if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the attorney general's office, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. The act requires the commission to create a process by rule for sharing information between TNCs regarding the deactivation of drivers. A TNC's deactivation and suspension policy must include meaningful human review of the permanent deactivation of a driver. The act requires a TNC to provide regular safety training to each driver and rider in accordance with rules adopted by the commission. If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the attorney general's office, a district attorney's office, the commission, or a law enforcement agency no later than 72 hours after the request is made, unless the subpoenaing party agrees to a different deadline. The act requires the commission to adopt rules on or before June 1, 2028, establishing requirements for a TNC to ensure that a driver or rider may opt in to audio and video recording of each prearranged ride and integrate audio and video recording into the TNC's digital platform. A large-scale TNC shall not charge a fee or increase the cost of a prearranged ride solely on the basis of a rider opting in to audio and video recording of the prearranged ride. The commission shall also adopt rules regarding access to, ownership of, storage of, notification about, and deadlines for the implementation of the audio and video recordings, including different requirements for large-scale and small-scale TNCs. A provision in a contract between a TNC and a driver or rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The act requires that, on or before February 1, 2027, and on or before February 1 each year thereafter, a TNC shall submit specified data related to incidents involving safety and discrimination to the commission, the attorney general, and each member of the general assembly. The act requires a TNC to develop policies to:Prevent imposter drivers, account sharing, and account renting;Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers;Prohibit the transportation of an unaccompanied youth who is under 15 years old unless the youth is part of a duly authorized family account;Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride;Notify and train drivers and riders of any updates to TNC safety policies;Prohibit drivers from offering, selling, or providing food or beverages that are not factory-sealed to riders;Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; andPrevent crimes committed against drivers by riders. A TNC is prohibited from:Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform;Assigning an automatic or default driver rating that the rider did not assign; orAssigning an automatic or default rider rating that the driver did not assign. A TNC may delete ratings or reviews that are plausibly motivated by fraud or bias. A TNC shall not consider negative ratings or reviews that are motivated by fraud or bias in a review of a driver for deactivation or an internal deactivation reconsideration. A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the 'Colorado Privacy Act' regarding biometric data and biometric identifiers. A TNC that violates the act may be assessed a civil penalty of not more than $1,500 per violation.(Note: This summary applies to this bill as enacted.)
The bill makes street takeovers, coordinated street takeovers, racing and drag racing, and stunt driving (prohibited motor vehicle activities) illegal on highways and roadways. More specifically, the bill states that a person shall not:Intentionally engage in a prohibited motor vehicle activity;Coordinate or facilitate an event the person should reasonably know is a street takeover, a race or drag race, or stunt driving;Ride as a passenger in a motor vehicle the person should reasonably know is participating in a street takeover, a race or drag race, or stunt driving;Intentionally cause the movement of traffic to slow, stop, or be impeded in any way because of a street takeover, a race or drag race, or stunt driving;Drive a motor vehicle to carry fuel for a motor vehicle the person should reasonably know is involved in a street takeover, a race or drag race, or stunt driving; orKnowingly be a spectator to a race, drag race, or street takeover prohibited by the bill. The bill imposes penalties for a person that engages in a prohibited motor vehicle activity. The bill also imposes penalties for a person that engages in a prohibited motor vehicle activity and then eludes or attempts to elude a peace officer. Lastly, the bill states when and how a peace officer may, or a presiding court may issue an order to, impound, immobilize, or seize a motor vehicle involved in a prohibited motor vehicle activity.(Note: This summary applies to this bill as introduced.)
The act directs the division of brand inspection (division) in the department of agriculture and the state board of stock inspection commissioners in the department of agriculture to receive reports of lost or stolen livestock. On or before December 31, 2026, the division shall implement procedures that:Facilitate efficient coordination with law enforcement, including procedures to ensure that reports of stolen livestock are provided to relevant law enforcement within 24 hours after the division receives a report of stolen livestock; andEnsure that the public is notified of lost or stolen livestock. The procedures implemented by the division may vary by geographic region depending on the needs of the region.(Note: This summary applies to this bill as enacted.)
The act requires the attorney general to submit to the peace officers standards and training board (P.O.S.T. board) a proposal by December 31, 2030, to update current basic, reserve, and refresher law enforcement training academy programs and improve the peace officer performance of future academy graduates. The act changes the makeup of the P.O.S.T. board by reducing the number of law enforcement head officials, reducing the number of non-law-enforcement persons, increasing the number of line officers, and adding representatives from law enforcement training academies and reserve officers. A person who has had their P.O.S.T. certification revoked is not eligible to serve on the P.O.S.T. board. The P.O.S.T. board is prohibited from approving skill instructors whose P.O.S.T. certification has been revoked for training academies and from approving training academies with an instructor whose P.O.S.T. certification has been revoked after September 1, 2026. The act requires that a person be at least 21 years old in order to be a certified peace officer. The act makes a peace officer academy full-time instructor eligible to attend P.O.S.T. certification classes funded with grant money, but the instructor is not eligible to receive individual grant funding from the P.O.S.T. board.(Note: This summary applies to this bill as enacted.)
The act creates the 'Adults' Security and Safeguards from Exploitation in Transactions Act' or the 'ASSET Act'. The act requires or authorizes a qualified individual at a bank or credit union (financial institution) to do the following when the individual reasonably and in good faith suspects that a vulnerable adult is the victim of financial exploitation:The qualified individual must notify appropriate local law enforcement or the county agency handling adult protective services; andThe qualified individual may notify a third party previously designated by or reasonably associated with the vulnerable adult. A financial institution or qualified individual may delay a disbursement from an account if the financial institution or qualified individual:Reasonably believes that the vulnerable adult is subject to financial exploitation;Provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account within 2 business days after the requested disbursement; except that a party who is reasonably believed to have engaged in financial exploitation of the vulnerable adult need not be notified; andContinues its internal review of the suspected or attempted financial exploitation. The delay may continue until:The financial institution or qualified individual reasonably believes that the vulnerable adult is not subject to financial exploitation;Local law enforcement or the county agency handling adult protective services concludes its investigation; orA court orders that the delay be removed. A financial institution or qualified individual must make a determination within 90 days after beginning the delay of a disbursement or, if waiting on the investigation of local law enforcement or a county agency handling adult protective services, within 180 days. The disbursement must be made or refused based on the conclusions of the investigation or the expiration of the time. A financial institution and qualified individual are immune from liability arising from the actions or from failing to take the actions authorized in the act if the act or failure to act was made in good faith and exercising reasonable care. A financial institution must provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an vulnerable adult to agencies charged with administering state adult protective services laws and to law enforcement. The records made available to agencies are not public records, as defined in the 'Colorado Open Records Act'.(Note: This summary applies to this bill as enacted.)
The act defines critical infrastructure material as any component or part used in covered infrastructure that is made of or contains a commodity metal, the theft of which poses an imminent threat to life or the physical safety of a person, including through serious harm to the basic supply of covered infrastructure to the population or to the exercise of a core function of covered infrastructure. The act adds critical infrastructure materials to regulations in existing law on the sale and possession of commodity metals. The act prohibits an owner, keeper, or proprietor (owner) of a junk shop, junk store, salvage yard, or junk cart or other vehicle, and every collector of or dealer in junk, salvage, or other secondhand property who buys a critical infrastructure material (buyer) from paying cash for the critical infrastructure material unless the seller is paid by means of any process in which a picture of the seller is taken or the transaction is worth less than $300. The act prohibits a buyer from possessing critical infrastructure material without an affidavit from the seller or donator of the commodity metal. Unlawful possession of critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more. A buyer who unknowingly takes possession of critical infrastructure material as part of a load of otherwise noncritical infrastructure materials with an affidavit stating they can transfer the noncritical infrastructure material has a duty to notify the appropriate law enforcement agency or municipal code enforcement agency. Failure to report stolen critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more. An owner of a junk shop, junk store, salvage yard, or junk cart must make their book or register available to a law enforcement agency or municipal code enforcement agency upon request. The act modifies existing criminal penalties related to the theft of commodity metals so that it is a class 6 felony for any amount that is $2,000 or more.(Note: This summary applies to this bill as enacted.)
Under current law, if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of another person, the person commits first degree murder. The bill requires that the person:Cause the death of more than one person;Cause the death of one person and cause serious bodily injury to 2 or more persons by means of a deadly weapon;Cause the death of a child who is under 12 years old; orCause the death of a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of their duties. The bill creates a new charge of murder in the second degree if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of only one other person. The bill expands the conduct by which a person can commit criminally negligent homicide to include proximately causing the death of another person while operating or driving a motor vehicle with criminal negligence. The bill creates the offense of aggravated vehicular homicide by operating a motor vehicle in a reckless manner or while under the influence of or impaired by alcohol or other drugs and causing the death of another person when the person also:Has been convicted twice of driving under the influence or driving while ability impaired;Has been convicted of vehicular homicide or vehicular assault;Commits the offense while eluding or attempting to elude law enforcement;Commits the offense while in flight from the commission of another felony offense, not including a traffic offense; orCommits the offense while driving at a high rate of speed, creating an imminent risk of death or serious bodily injury to another person. The bill creates the new offense of negligent vehicular homicide if a person drives a motor vehicle with criminal negligence and causes the death of another person. Negligent vehicular homicide is a class 5 felony.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act clarifies an existing requirement for the criminal conviction of a property owner by requiring that one or more criminal charges be brought as a prerequisite to any nuisance abatement or forfeiture proceeding. Existing law provides an exception to the conviction requirement for noninnocent owners who are not subject to criminal charges that no criminal conviction is necessary of the nonowner criminal defendant if the plaintiff proves its case by clear and convincing evidence that the property subject to the forfeiture proceeding is traceable proceeds of the charged offense or related criminal activity. The act clarifies this exception to first require a conviction of the nonowner criminal defendant before the noninnocent owner's property may be forfeited, while retaining other various exceptions that allow forfeiture actions to proceed against the interest of a claimant. The act establishes a right for indigent civil asset forfeiture defendants to access forfeiture defense counsel and creates a procedure for the appointment of forfeiture defense counsel in nuisance abatement and forfeiture proceedings. The state court administrator shall enter into a contract for services with a private contractor who regularly provides legal services for indigent clients or litigants to provide a legal defense to a civil asset forfeiture proceeding. The private contractor is subject to certain reporting requirements. The act creates a forfeiture defense counsel fund (fund) to pay for contracted forfeiture defense counsel who are authorized to represent persons against whom a nuisance abatement or forfeiture proceeding has been filed in connection with criminal charges. The fund is capped at $500,000, and starting in state fiscal year 2027-28, no general fund money is allowed to finance the fund. The balance of the fund over $500,000 is credited to the law enforcement community services grant program fund. The act transfers any unexpended and unencumbered money from the law enforcement community services grant program fund to the forfeiture counsel defense fund. The act alters the disposition of property and proceeds ordered forfeited in a nuisance abatement or forfeiture action. Currently, forfeited property and proceeds are applied first toward restitution and cost recovery for a list of stakeholders, and of the remainder, 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the local behavioral health administrative services organization, and 25% is granted to the law enforcement community services grant program fund. The act amends the disposition of the remainder so that 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the fund, and 25% is granted to the local behavioral health administrative services organization. The act appropriates $556,750 to the judicial department from the fund for civil asset forfeiture defense contracting and $55,000 to the department of local affairs from the fund for civil asset forfeiture portal administration.(Note: This summary applies to this bill as enacted.)
The bill prohibits local and state law enforcement officers from concealing their identity while interacting with the public, with certain exceptions.The bill clarifies state criminal jurisdiction to cover criminal conduct committed by a federal law enforcement officer in the state, even if the officer was acting under color of federal authority. Federal criminal immunity or defense from prosecution does not prohibit state criminal prosecution of a federal law enforcement officer.The bill requires the peace officer standards and training board (P.O.S.T. board) to deny certification to an individual who has previously been employed or who is currently employed by the United States immigration and customs enforcement agency or the United States customs and border protection agency.The bill requires the P.O.S.T. board to prescribe a training for all current and future peace officers regarding immigration law, a peace officer's duty to intervene, excessive force policies, and a peace officer's jurisdictional limit.A peace officer is required to intervene to prevent a federal law enforcement officer from using excessive force.The bill expands the conduct that can constitute the crime of impersonating a peace officer to include a person performing a law enforcement act while concealing the person's identity.(Note: This summary applies to this bill as introduced.)
