On Friday, June 19, Governor Jared Polis signed SB20-217, the Law Enforcement Integrity and Accountability Act, into law. The bill had been sponsored by Representative Leslie Herod, Representative Serena Gonzales-Gutierrez, Senate President Leroy Garcia, and Senator Rhonda Fields.
As cities and states across the nation struggle get a handle on institutional racism, and particularly police departments with reputations for oppressive treatment of black and brown citizens, Colorado appears to be the first state to revise its laws around law enforcement.
The law places several new limitations on police use of force. In light of incidents at recent protests, this bill would prohibit law enforcement officers from using tear gas without first verbalizing orders to disperse a crowd and allowing individuals adequate time to comply. The bill prohibits officers from targeting rubber bullets at someone’s head, torso or back. It brings Colorado law in line with Supreme Court precedent holding that an officer may use deadly force, including on someone who is fleeing the police, only when there is an imminent risk of danger to human life if their apprehension is delayed. It mandates the use of body cameras and the public release of the footage.
The law additionally attempts to prevent the rehiring of bad actors. If an officer is convicted of, or pleads guilty to, any inappropriate use of physical force, their POST certification would be revoked. Officers who are found untruthful, terminated for cause, or decertified would be listed in a public database to prevent them from moving from one agency to another.
All Colorado law enforcement agencies are now required to track and publicly report data for any contacts they initiate for law enforcement purposes.
“It is a historic day. Today we took a monumental step in ensuring integrity and accountability are embedded within Colorado Law Enforcement,” said Representative Leslie Herod. “This will not bring back Elijah McClain or De’Von Bailey, but their deaths will not be in vain. We are one of the first states in the nation to pass a police reform package of this magnitude. It could not have happened without consistent demand from protesters and the community, or the tireless work of the families directly impacted by police brutality.
“Dr. King spoke of the fierce urgency of now. We can no longer wait to take action on the egregious injustices that exist in our society today.”
Latino Caucus Co-Chair Gonzales-Gutierrez said, “Since our country’s founding, Black and Brown communities have been fighting for justice and equality, and today, we’re a big step closer as Colorado’s bipartisan law enforcement accountability legislation is signed into law. This bill enacts lasting and long-overdue measures to bring greater accountability and transparency to law enforcement. I am grateful for the hard work of so many advocates and law enforcement partners who came to the table and found common ground, and I am proud to see the governor sign this historic legislation today.”
“We achieved something incredible today,” Senate President Garcia (D-Pueblo) said after the signing. “Less than four weeks after the tragic murder of George Floyd, Colorado has passed one of the most comprehensive and progressive police accountability laws in the country. I am overwhelmingly proud of how we were able to bring everyone to the table and unite them around a common call for justice.
“Police violence and department complacency have eroded trust within the community and needs to be confronted head-on. I feel incredibly humbled to have been a part of such meaningful legislation, and am committed to continuing the fight against abuse of power no matter the source.”
The signing took place on Juneteenth, the celebration and commemoration of the ending of slavery in the United States.
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