C.R.S. Section 18-8-802
Duty to report use of force by peace officers

  • duty to intervene

(1)

Intentionally left blank —Ed.

(a)

A peace officer who, in pursuance of such officer’s law enforcement duties, witnesses another peace officer, in pursuance of such other peace officer’s law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd control or riot control, use physical force which exceeds the degree of physical force permitted pursuant to section 18-1-707 must report such use of force to such officer’s immediate supervisor.

(b)

At a minimum, the report required by this section shall include the date, time, and place of the occurrence, the identity, if known, and description of the participants, and a description of the events and the force used. A copy of an arrest report or other similar report required as a part of a peace officer’s duties can be substituted for the report required by this section, so long as it includes such information. The report shall be made in writing within ten days of the occurrence of the use of such force.

(c)

Any peace officer who fails to report such use of force in the manner prescribed in this subsection (1) commits a class 2 misdemeanor.

(1.5)

Intentionally left blank —Ed.

(a)

A peace officer, as defined in section 24-31-901 (3), who is on-duty shall intervene to prevent or stop another peace officer from using physical force that exceeds the degree of force permitted, if any, by section 18-1-707 in pursuance of the other peace officer’s law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd control or riot control, without regard for chain of command.

(b)

Intentionally left blank —Ed.

(I)

A peace officer, as defined in section 24-31-901 (3), who intervenes as required by subsection (1.5)(a) of this section shall report the intervention to his or her immediate supervisor.

(II)

At a minimum, the report required by this subsection (1.5)(b) must include the date, time, and place of the occurrence; the identity, if known, and description of the participants; and a description of the intervention actions taken. This report must be in writing within ten days of the occurrence of the use of such force and must be included with all other reports of the incident.

(c)

A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer, as defined in section 24-31-901 (3), for intervening as required by subsection (1.5)(a) of this section, or for reporting unconstitutional conduct, or for failing to follow what the officer reasonably believes is an unconstitutional directive.

(d)

Any peace officer, as defined in section 24-31-901 (3), who fails to intervene to prevent the use of unlawful force as prescribed in this subsection (1.5) commits a class 1 misdemeanor.

(e)

When an administrative law judge or internal investigation finds that a peace officer, as defined in section 24-31-901 (3), failed to intervene to prevent the use of unlawful physical force as prescribed in this subsection (1.5), this finding must be presented to the district attorney so that the district attorney can determine whether charges should be filed pursuant to subsection (1.5)(d) of this section. However, nothing in this subsection (1.5)(e) prohibits or is intended to discourage the district attorney from charging an officer with failure to intervene before the conclusion of any internal investigation.
(f)(Deleted by amendment, L. 2021.)(g) In a case in which the prosecution charges a peace officer, as defined in section 24-31-901 (3), with offenses related to and based upon the use of excessive force but does not file charges against any other peace officer or officers who were at the scene during the use of force, the district attorney shall prepare a written report explaining the district attorney’s basis for the decision not to charge any other peace officer with any criminal conduct and shall publicly disclose the report to the public; except that if disclosure of the report would substantially interfere with or jeopardize an ongoing criminal investigation, the district attorney may delay public disclosure for up to forty-five days. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available upon request. Nothing in this subsection (1.5) prohibits or discourages prosecution of any other criminal offense related to failure to intervene, including a higher charge, if supported by the evidence.

(2)

Any peace officer who knowingly makes a materially false statement, which the officer does not believe to be true, in any report made pursuant to subsection (1) of this section commits false reporting to authorities pursuant to section 18-8-111 (1)(a)(III).

(3)

No report filed pursuant to subsection (1) of this section shall be used as evidence against a peace officer in a criminal proceeding unless there is other credible evidence which corroborates such report or in a civil action over a claim of executive or statutory privilege without a valid court order.

Source: Section 18-8-802 — Duty to report use of force by peace officers - duty to intervene, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑8‑101
Definitions 18‑8‑102
Obstructing government operations 18‑8‑103
Resisting arrest 18‑8‑104
Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer 18‑8‑105
Accessory to crime 18‑8‑106
Refusal to permit inspections 18‑8‑108
Compounding 18‑8‑109
Concealing death 18‑8‑110
False report of explosives, weapons, or harmful substances 18‑8‑111
False reporting to authorities - false reporting of an emergency - definition 18‑8‑111.5
False reporting of identifying information to law enforcement authorities - definition 18‑8‑112
Impersonating a peace officer 18‑8‑113
Impersonating a public servant 18‑8‑114
Abuse of public records 18‑8‑115
Duty to report a crime - liability for disclosure 18‑8‑116
Disarming a peace officer 18‑8‑117
Unlawful sale of publicly provided services or appointments - definitions 18‑8‑201
Aiding escape 18‑8‑201.1
Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders 18‑8‑203
Introducing contraband in the first degree 18‑8‑204
Introducing contraband in the second degree - definition 18‑8‑204.1
Possession of contraband in the first degree 18‑8‑204.2
Possession of contraband in the second degree 18‑8‑206
Assault during escape 18‑8‑207
Holding hostages 18‑8‑208
Escapes 18‑8‑208.1
Attempt to escape 18‑8‑208.2
Unauthorized absence 18‑8‑209
Concurrent and consecutive sentences 18‑8‑210.1
Persons in custody or confinement - juvenile offenders 18‑8‑210.2
Persons in custody or confinement 18‑8‑211
Riots in detention facilities 18‑8‑212
Violation of bail bond conditions 18‑8‑213
Unauthorized residency by an adult offender from another state 18‑8‑301
Definitions 18‑8‑302
Bribery 18‑8‑303
Compensation for past official behavior 18‑8‑304
Soliciting unlawful compensation 18‑8‑305
Trading in public office 18‑8‑306
Attempt to influence a public servant 18‑8‑307
Designation of supplier prohibited 18‑8‑308
Failing to disclose a conflict of interest 18‑8‑401
Definitions 18‑8‑402
Misuse of official information 18‑8‑403
Official oppression 18‑8‑404
First degree official misconduct 18‑8‑405
Second degree official misconduct 18‑8‑406
Issuing a false certificate 18‑8‑407
Embezzlement of public property 18‑8‑408
Designation of insurer prohibited 18‑8‑409
Violation of rules and regulations of judicial nominating commissions not subject to criminal prosecution 18‑8‑410
Abuse of public trust by an educator - definitions 18‑8‑501
Definitions 18‑8‑502
Perjury in the first degree 18‑8‑503
Perjury in the second degree 18‑8‑504
False swearing 18‑8‑505
Perjury or false swearing - inconsistent statements 18‑8‑506
Perjury and false swearing - proof 18‑8‑507
Perjury and false swearing - previous criminal action 18‑8‑508
Perjury - retraction 18‑8‑509
Perjury and false swearing - irregularities no defense 18‑8‑601
Definitions 18‑8‑603
Bribe-receiving by a witness 18‑8‑606
Bribing a juror 18‑8‑607
Bribe-receiving by a juror 18‑8‑608
Intimidating a juror 18‑8‑609
Jury-tampering 18‑8‑610
Tampering with physical evidence 18‑8‑610.5
Tampering with a deceased human body 18‑8‑611
Simulating legal process 18‑8‑612
Failure to obey a juror summons 18‑8‑613
Willful misrepresentation of material fact on juror questionnaire 18‑8‑614
Willful harassment of juror by employer 18‑8‑615
Retaliation against a judge or an elected official - definitions 18‑8‑616
Retaliation against a prosecutor 18‑8‑701
Short title 18‑8‑702
Definitions 18‑8‑703
Bribing a witness or victim 18‑8‑704
Intimidating a witness or victim 18‑8‑705
Aggravated intimidation of a witness or victim 18‑8‑706
Retaliation against a witness or victim 18‑8‑706.3
Aggravated retaliation against a witness or victim 18‑8‑706.5
Retaliation against a juror 18‑8‑707
Tampering with a witness or victim 18‑8‑708
Suit for damages by victim of intimidation or retaliation 18‑8‑801
Definitions 18‑8‑802
Duty to report use of force by peace officers - duty to intervene 18‑8‑803
Use of excessive force 18‑8‑804
Approved policy or guidelines 18‑8‑805
Prohibition on using or directing administration of ketamine - duty to report - duty to intervene - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 18-8-802’s source at colorado​.gov