C.R.S. Section 24-31-902
Incident recordings

  • release
  • tampering
  • fine

(1)(a)(I) By July 1, 2023, all local law enforcement agencies in the state and the Colorado state patrol shall provide body-worn cameras for each peace officer of the law enforcement agency who interacts with members of the public. Law enforcement agencies may seek funding pursuant to section 24-33.5-519.

(II)

Intentionally left blank —Ed.

(A)

Except as provided in subsection (1)(a)(II)(B) or (1)(a)(II)(C) of this section, a peace officer shall wear and activate a body-worn camera or dash camera, if the peace officer’s vehicle is equipped with a dash camera, when responding to a call for service, entering into a premises for the purposes of enforcing the law or in response to a call for service, during a welfare check except for a motorist assist, or during any interaction with the public initiated by the peace officer, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law. The body-worn camera or dash camera does not need to be on when en route to a call for service, but should be turned on shortly before the vehicle approaches the scene.

(B)

A peace officer may turn off a body-worn camera to avoid recording personal information that is not case related; when working on an unrelated assignment; when there is a long break in the incident; and in administrative, tactical, and management discussions when civilians are not present.

(C)

A peace officer does not need to wear or activate a body-worn camera if the peace officer is working undercover.

(D)

The provisions of this subsection (1)(a)(II) do not apply to jail peace officers or staff of a local law enforcement agency working in any place in the jail that has functioning video cameras; except that this subsection (1)(a)(II) applies to jail peace officers when performing a task that requires an anticipated use of force, including cell extractions and restraint chairs. The provisions of this subsection (1)(a)(II) also do not apply to the civilian or administrative staff of the Colorado state patrol or a local law enforcement agency, the executive detail of the Colorado state patrol, and peace officers working in a courtroom.

(III)

If a peace officer fails to activate a body-worn camera or dash camera as required by this section or tampers with body-worn- or dash-camera footage or operation when required to activate the camera, there is a permissive inference in any investigation or legal proceeding, excluding criminal proceedings against the peace officer, that the missing footage would have reflected misconduct by the peace officer. If a peace officer fails to activate or reactivate his or her body-worn camera as required by this section or tampers with body-worn- or dash-camera footage or operation when required to activate the camera, any statements or conduct sought to be introduced in a prosecution through the peace officer related to the incident that were not recorded due to the peace officer’s failure to activate or reactivate the body-worn camera as required by this section or if the statement or conduct was not recorded by other means creates a rebuttable presumption of inadmissibility. Notwithstanding any other provision of law, this subsection (1)(a)(III) does not apply if the body-worn camera was not activated due to a malfunction of the body-worn camera and the peace officer was not aware of the malfunction, or was unable to rectify it, prior to the incident, provided that the law enforcement agency’s documentation shows the peace officer checked the functionality of the body-worn camera at the beginning of his or her shift.

(IV)

Intentionally left blank —Ed.

(A)

In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, the peace officer’s employer shall impose discipline up to and including termination, to the extent permitted by applicable constitutional and statutory personnel laws and case law.

(B)

In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, with the intent to conceal unlawful or inappropriate actions or obstruct justice, the P.O.S.T. board shall suspend the peace officer’s certification for a period of not less than one year and the suspension may only be lifted within the period of the suspension if the peace officer is exonerated by a court, administrative law judge, or internal affairs investigation.

(C)

In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, with the intent to conceal unlawful or inappropriate actions, or obstruct justice, in an incident resulting in a civilian death or serious bodily injury, the P.O.S.T. board shall permanently revoke the peace officer’s certification and the revocation may only be overturned if the peace officer is exonerated by a court, administrative law judge, or internal affairs investigation.

(b)

A local law enforcement agency and the Colorado state patrol shall establish and follow a retention schedule for body-worn camera recordings in compliance with Colorado state archives rules and direction.

(2)

Intentionally left blank —Ed.

(a)

For all incidents in which there is a complaint of peace officer misconduct by another peace officer, a civilian, or nonprofit organization, through notice to the law enforcement agency involved in the alleged misconduct, the local law enforcement agency or the Colorado state patrol shall release, upon request, all unedited video and audio recordings of the incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, to the public within twenty-one days after the local law enforcement agency or the Colorado state patrol received the request for release of the video or audio recordings.

(b)

Intentionally left blank —Ed.

(I)

All video and audio recordings depicting a death must be provided upon request to the victim’s spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative, and such person shall be notified of his or her right, pursuant to section 24-4.1-302.5 (1)(j.8), to receive and review the recording at least seventy-two hours prior to public disclosure. A person seventeen years of age and under is considered incapacitated, unless legally emancipated.

(II)

Intentionally left blank —Ed.

(A)

Notwithstanding any other provision of this section, any video that raises substantial privacy concerns for criminal defendants, victims, witnesses, juveniles, or informants, including video depicting nudity; a sexual assault; a medical emergency; private medical information; a mental health crisis; a victim interview; a minor, including any images or information that might undermine the requirement to keep certain juvenile records confidential; any personal information other than the name of any person not arrested, cited, charged, or issued a written warning, including a government-issued identification number, date of birth, address, or financial information; significantly explicit and gruesome bodily injury, unless the injury was caused by a peace officer; or the interior of a home or treatment facility, shall be blurred to protect the substantial privacy interest while still allowing public release. Unblurred footage shall not be released without the written authorization of the victim or, if the victim is deceased or incapacitated, the written authorization of the victim’s next of kin. A person seventeen years of age and under is considered incapacitated, unless legally emancipated. This subsection (2)(b)(II)(A) does not permit the removal of any portion of the video.

(B)

If blurring is insufficient to protect the substantial privacy interest, the local law enforcement agency or the Colorado state patrol shall, upon request, release the video to the victim or, if the victim is deceased or incapacitated, to the victim’s spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative within twenty days after receipt of the complaint of misconduct. In cases in which the recording is not released to the public pursuant to this subsection (2)(b)(II)(B), the local law enforcement agency shall notify the person whose privacy interest is implicated, if contact information is known, within twenty days after receipt of the complaint of misconduct, and inform the person of his or her right to waive the privacy interest.

(C)

A witness, victim, or criminal defendant may waive in writing the individual privacy interest that may be implicated by public release. Upon receipt of a written waiver of the applicable privacy interest, accompanied by a request for release, the law enforcement agency may not redact or withhold release to protect that privacy interest.

(III)

Any video that would substantially interfere with or jeopardize an active or ongoing investigation may be withheld from the public; except that the video shall be released no later than forty-five days from the date of the allegation of misconduct; except that in a case in which the only offenses charged are statutory traffic infractions, the release of the video may be delayed pursuant to rule 8 of the Colorado rules for traffic infractions. In all cases when release of a video is delayed in reliance on this subsection (2)(b)(III), the prosecuting attorney shall prepare a written explanation of the interference or jeopardy that justifies the delayed release, contemporaneous with the refusal to release the video. Upon release of the video, the prosecuting attorney shall release the written explanation to the public.

(c)

If criminal charges have been filed against any party to the incident, that party must file any constitutional objection to release of the recording in the pending criminal case before the twenty-one-day period expires. Only in cases in which there is a pending criminal investigation or prosecution of a party to the incident, the twenty-one-day period shall begin from the date of appointment of counsel, the filing of an entry of appearance by counsel, or the election to proceed pro se by the defendant, receipt of the criminal complaint, and the defendant’s receipt of the video in discovery in the criminal prosecution made on the record before a judge. If the defendant elects to proceed pro se in the criminal case, the court shall advise the defendant of the twenty-one-day deadline for the defendant to file any constitutional objection to release of the recording in the pending criminal case as part of the court’s advisement. The court shall hold a hearing on any objection no later than seven days after it is filed and issue a ruling no later than three days after the hearing. The hearing is considered a critical stage as defined in section 24-4.1-302 and gives victims the right to be heard pursuant to section 24-4.1-302.5.

(3)

Subsection (1)(a)(III) of this section, as it relates to only an officer tampering with body-worn or dash-camera footage or operation, and subsection (2) of this section apply on and after July 6, 2021, when a peace officer is wearing a body-worn camera or the officer’s vehicle is equipped with a dash camera. If a peace officer is wearing a body-worn camera or the officer’s vehicle is equipped with a dash camera, the remaining portions of this section apply on and after July 1, 2022. This section does not require a law enforcement agency to provide its law enforcement officers with body-worn cameras prior to July 1, 2023.

Source: Section 24-31-902 — Incident recordings - release - tampering - fine, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑31‑101
Powers and duties of attorney general
24‑31‑102
Offices, boards, and divisions
24‑31‑103
Chief deputy attorney general - powers
24‑31‑103.5
Solicitor general - creation - powers
24‑31‑104.5
Funding for insurance fraud investigations and prosecutions - creation of fund
24‑31‑106
Rights of crime victims - victims’ services coordinator
24‑31‑107
Applications for licenses - authority to suspend licenses - rules
24‑31‑108
Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition
24‑31‑108.5
Use of funds for unanticipated legal needs
24‑31‑111
Legal services to state agencies - definitions
24‑31‑112
No limitations on common law authority
24‑31‑113
Public integrity - patterns and practices
24‑31‑115
Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties
24‑31‑301
Definitions
24‑31‑302
Creation of board
24‑31‑303
board - definition
24‑31‑304
Applicant for training - fingerprint-based criminal history record check
24‑31‑305
Certification - issuance - renewal - revocation - rules - definition
24‑31‑307
Enforcement
24‑31‑308
Reciprocity - provisional certificate
24‑31‑309
Profiling - officer identification - training - definition
24‑31‑310
Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration
24‑31‑311
DNA evidence - collection - retention
24‑31‑312
School resource officer training
24‑31‑313
Training concerning abuse and exploitation of at-risk elders
24‑31‑313.5
Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities
24‑31‑314
Advanced roadside impaired driving enforcement training
24‑31‑315
Annual in-service training requirements
24‑31‑316
Attorney general to provide identification cards to retired peace officers upon request - definitions
24‑31‑317
Training requirements concerning peace officer interactions with persons with disabilities
24‑31‑318
Administrative law judge appointment
24‑31‑319
Training related to missing indigenous persons - development - basic and in-service training required
24‑31‑320
Persons with deferred action for childhood arrivals status - rules - definition
24‑31‑401
Definitions
24‑31‑402
Enforcement by attorney general
24‑31‑403
Funding
24‑31‑601
Short title
24‑31‑602
Legislative declaration
24‑31‑603
Definitions
24‑31‑604
Administration of article
24‑31‑605
Delegation of duties
24‑31‑606
Safe2tell program - creation - duties
24‑31‑607
In camera review - confidentiality of materials - criminal penalty
24‑31‑608
Transfer of property
24‑31‑609
License of intellectual property
24‑31‑610
Safe2tell cash fund - creation
24‑31‑611
Annual report
24‑31‑701
Definitions
24‑31‑702
Colorado domestic violence fatality review board - creation - membership - purpose - duties
24‑31‑703
Local and regional domestic violence fatality review teams - creation - membership - purpose - duties
24‑31‑704
Access to records - confidentiality - public access - immunity
24‑31‑706
Repeal of part
24‑31‑801
Definitions
24‑31‑802
Medicaid fraud control unit - creation - duties
24‑31‑803
Medicaid fraud reporting
24‑31‑804
Medicaid fraud control unit - displayed information
24‑31‑805
Medicaid fraud control unit authority and responsibilities
24‑31‑806
Civil investigative demands and subpoenas
24‑31‑807
Provider applications - false statements - penalties
24‑31‑808
Medicaid fraud and waste - penalties - definition
24‑31‑809
Unlawful remuneration - penalties
24‑31‑810
Other remedies available
24‑31‑811
Limitation of action - three years
24‑31‑901
Definitions
24‑31‑902
Incident recordings - release - tampering - fine
24‑31‑903
Division of criminal justice report
24‑31‑904
Peace officer certification discipline
24‑31‑905
Prohibited law enforcement action in response to protests
24‑31‑906
Retaliation against whistleblower officers prohibited
24‑31‑1001
Definitions
24‑31‑1002
Commission - membership - duties
24‑31‑1003
Study of training concerning interactions with persons with disabilities - report
24‑31‑1004
Recommend training curriculum for peace officers
24‑31‑1005
Report
24‑31‑1006
Funding
24‑31‑1007
Repeal of part
24‑31‑1101
Financial empowerment office - creation - director
24‑31‑1102
Financial empowerment office - purpose - duties
24‑31‑1201
Short title
24‑31‑1202
Definitions
24‑31‑1203
False claims - civil liability for certain acts - penalty - exception
24‑31‑1204
Civil actions for false claims - claims for retaliation - definitions
24‑31‑1205
False claims action procedures - limitation on action - standard of proof
24‑31‑1206
Jurisdiction
24‑31‑1207
False claims civil investigation demands
24‑31‑1208
Rule-making
24‑31‑1209
Use of recoveries - false claims recovery cash fund - creation
24‑31‑1210
No limitations on common law authority - medicaid fraud control
24‑31‑1211
False claims act report
24‑31‑1301
Definitions
24‑31‑1302
Worker and employee protection unit - creation - duties
24‑31‑1303
Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment
Green check means up to date. Up to date

Current through Fall 2024

§ 24-31-902’s source at colorado​.gov