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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0518.01 Ken Fowler x2372 HOUSE BILL 26-1123
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
CONCERNING MEASURES TO PREVENT SEXUAL ABUSE IN JAILS, AND, IN101
CONNECTION THEREWITH, MAKING AN APPROPRIATION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires that the reasonable belief standard to conduct a
strip search apply to all arrests, not just the arrest of an individual for a
traffic or petty offense. The bill requires 2 peace officers to make a
determination that there is reasonable belief to conduct a strip search and
requires that the reason and results of a strip search be documented in a
report. The bill prohibits the use of body-worn cameras to capture videos
HOUSE
3rd Reading Unamended
April 2, 2026
HOUSE
Amended 2nd Reading
March 31, 2026
HOUSE SPONSORSHIP
Stewart K. and Mabrey, Duran, Bacon, Boesenecker, Brown, Camacho, Carter, Espenoza,
Froelich, Garcia, Jackson, Joseph, Lieder, Lindsay, McCluskie, Nguyen, Phillips, Rutinel,
Rydin, Sirota, Smith, Story, Zokaie
SENATE SPONSORSHIP
Amabile and Weissman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
during strip searches when other forms of recording or surveillance are
available. The bill limits access to video recordings that depict prisoner
nudity. The bill requires courts to deny requests by a defendant in a
criminal proceeding to copy, photograph, duplicate, or otherwise
reproduce a video recording of a strip search.
The bill requires local detention facilities to have a policy detailing
staff protocol for responding to suspected, alleged, or witnessed sexual
abuse and requires jail staff to report suspected, alleged, or witnessed
sexual abuse. The bill creates whistleblower protection policies for jail
staff.
The bill requires local detention facilities to inform prisoners of
their rights and the resources available to them if they are a victim of
sexual abuse while in jail and allow sexual assault advocates to access
prisoners who request advocacy services. The bill requires local detention
facilities to designate a "Prison Rape Elimination Act of 2003" (PREA)
coordinator and requires jails to provide the coordinator's contact
information to prisoners and the public.
The bill requires the legislative oversight committee concerning
Colorado jail standards (committee) to develop guidelines for identifying,
and creating a process for, qualified third parties or certified PREA
auditors to audit local detention facilities and their sexual abuse
prevention policies upon request of the committee.
The bill requires the removal of P.O.S.T. certification from any
peace officer who is found by an administrative law judge, hearing
officer, or internal investigation to have sexually abused a prisoner in a
local detention facility.
Be it enacted by the General Assembly of the State of Colorado:1
2
SECTION 1. In Colorado Revised Statutes, add 17-26-103.5 as3
follows:4
17-26-103.5. Strip searches in jails - definitions.5
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7
(a) "L OCAL DETENTION FACILITY" MEANS A COUNTY JAIL OR A8
FACILITY OPERATED BY A CITY, CITY AND COUNTY, OR TOWN FOR THE9
PURPOSES OF CONFINING PERSONS CHARGED WITH OR CONVICTED OF10
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VIOLATIONS OF MUNICIPAL ORDINANCES.1
(b) "PERSONNEL" MEANS A PEACE OFFICER, NONCERTIFIED DEPUTY2
SHERIFF, OR EMPLOYEE OR CONTRACTOR OF A LOCAL DETENTION FACILITY3
OR MUNICIPAL AGENCY WHO IS AUTHORIZED BY FACILITY OR AGENCY4
POLICY TO PERFORM A STRIP SEARCH.5
(c) " S TRIP SEARCH" MEANS HAVING PERSONNEL REMOVE OR6
ARRANGE SOME OR ALL OF A PERSON'S CLOTHING SO AS TO PERMIT A7
VISUAL INSPECTION OF THE GENITALS , BUTTOCKS, ANUS, OR FEMALE8
BREASTS OF THE PERSON.9
(2) P ERSONNEL SHALL ONLY CONDUCT A STRIP SEARCH ON A10
PERSON WHO IS DETAINED IN A LOCAL DETENTION FACILITY IF:11
(a) THE LOCAL DETENTION FACILITY IS CONDUCTING INTAKE OF AN12
ARRESTED PERSON AND CONDUCTING STRIP SEARCHES UPON INTAKE IS THE13
LOCAL DETENTION FACILITY'S POLICY; OR14
(b) TWO PERSONNEL HAVE MADE INDEPENDENT DETERMINATIONS15
AND REASONABLY BELIEVE AN INMATE IS CONCEALING A WEAPON OR A16
CONTROLLED SUBSTANCE ON THE INMATE'S PERSON.17
(3) PERSONNEL CONDUCTING A STRIP SEARCH SHALL DOCUMENT18
IN A REPORT THE REASON FOR THE STRIP SEARCH AND THE RESULTS OF THE19
STRIP SEARCH.20
(4) N OTWITHSTANDING SECTION 24-31-902, PERSONNEL SHALL21
NOT CONDUCT A STRIP SEARCH WITH THEIR BODY-WORN CAMERA22
ACTIVATED.23
(5) O N OR BEFORE JANUARY 31 OF EACH YEAR, EACH LOCAL24
DETENTION FACILITY SHALL SUBMIT A REPORT TO THE JAIL STANDARDS25
ADVISORY COMMITTEE CREATED IN SECTION 30-10-530 AND THE26
COLORADO ATTORNEY GENERAL STATING THE NUMBER OF STRIP27
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SEARCHES THAT OCCURRED IN THE FACILITY IN THE LAST CALENDAR YEAR1
AND THE REASON FOR AND THE RESULT OF EACH STRIP SEARCH.2
SECTION 2. In Colorado Revised Statutes, add 17-26-141 as3
follows:4
17-26-141. Access to jail video recordings showing prisoner5
nudity - when authorized - definitions.6
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(a) "L OCAL DETENTION FACILITY" MEANS A COUNTY JAIL OR A9
FACILITY OPERATED BY A CITY OR TOWN FOR THE PURPOSE OF CONFINING10
PERSONS CHARGED WITH OR CONVICTED OF VIOLATIONS OF MUNICIPAL11
ORDINANCES.12
(b) "STRIP SEARCH" MEANS HAVING AN ARRESTED PERSON REMOVE13
OR ARRANGE SOME OR ALL OF THE PERSON'S CLOTHING SO AS TO PERMIT14
A VISUAL INSPECTION OF THE GENITALS, BUTTOCKS, ANUS, OR FEMALE15
BREASTS OF THE PERSON.16
(2) A DETENTION FACILITY MUST HAVE AN ELECTRONIC TRACKING17
SYSTEM THAT RETAINS A LOG OF ALL ACCESS TO VIDEO FOOTAGE,18
INCLUDING BODY-WORN CAMERA FOOTAGE , CAPTURED BY THE LOCAL19
DETENTION FACILITY.20
(3) WHILE NOT ON THE PREMISE OF A LOCAL DETENTION FACILITY,21
PERSONNEL OF A LOCAL DETENTION FACILITY SHALL NOT ACCESS VIDEO22
FOOTAGE, INCLUDING BODY-WORN CAMERA FOOTAGE, CAPTURED BY A23
LOCAL DETENTION FACILITY.24
(4) PERSONNEL OF A LOCAL DETENTION FACILITY MUST OBTAIN25
WRITTEN APPR OVAL FROM THE SHERIFF AND DOCUMENT WHAT VIDEO26
FOOTAGE THEY ARE ACCESSING AND THE REASON THEY ARE ACCESSING IT27
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BEFORE ACCESSING ANY FOOTAGE, INCLUDING BODY-WORN CAMERA1
FOOTAGE, CAPTURED IN A LOCAL DETENTION FACILITY. WHEN A SHERIFF2
IS ACCESSING FOOTAGE CAPTURED IN A LOCAL DETENTION FACILITY, THEY3
MUST DOCUMENT WHAT FOOTAGE THEY ARE ACCESSING AND THE REASON4
THEY ARE ACCESSING IT.5
(5) IF A LOCAL DETENTION FACILITY STORES VIDEO FOOTAGE OF6
STRIP SEARCHES SEPARATELY FROM THE FOOTAGE OF THE REST OF THE7
LOCAL DETENTION FACILITY, AND ACCESS TO THE STRIP SEARCH FOOTAGE8
IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTION (2) OF THIS9
SECTION, THE REQUIREMENTS OF SUBSECTION (4) OF THIS SECTION ONLY10
APPLY TO THE SEPARATE STRIP SEARCH FOOTAGE.11
(6) THIS SECTION IS NOT APPLICABLE TO DISCOVERY OF VIDEO12
RECORDINGS OR THE USE OF VIDEO RECORDINGS BY PARTIES IN A CIVIL ,13
CRIMINAL, OR ADMINISTRATIVE COURT CASE , OR AN INTERNAL14
INVESTIGATION OR IN RESPONSE TO REQUESTS MADE PURSUANT TO15
SECTION 24-72-303.16
SECTION 3. In Colorado Revised Statutes, add 17-26-142 as17
follows:18
17-26-142. Sexual assault prevention program - required19
policies and procedures - audit required - definitions.20
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21
REQUIRES:22
23
(a) "LOCAL DETENTION FACILITY" MEANS A COUNTY, MUNICIPAL,24
OR CITY JAIL OR DETENTION FACILITY.25
(b) "P RISON RAPE ELIMINATION ACT" OR "PREA" MEANS THE26
FEDERAL "PRISON RAPE ELIMINATION ACT OF 2003", 42 U.S.C. SEC .27
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15601 ET SEQ.1
(c) "S EXUAL ABUSE " HAS THE SAME MEANING AS "SEXUAL2
VIOLENCE" AS DEFINED IN SECTION 13-14-101.3
(2) EACH LOCAL DETENTION FACILITY SHALL DEVELOP POLICIES4
AND PROCEDURES TO:5
(a) REQUIRE STAFF MEMBERS TO REPORT SUSPECTED, ALLEGED, OR6
WITNESSED SEXUAL ABUSE;7
(b) ESTABLISH PROTOCOLS FOR STAFF MEMBERS TO RESPOND TO8
SUSPECTED, ALLEGED, OR WITNESSED SEXUAL ABUSE, WHICH PROTOCOLS9
MUST INCLUDE PROTECTING THE VICTIM FROM IMMEDIATE HARM ;10
CONNECTING THE VICTIM WITH MEDICAL CARE; PRESERVING EVIDENCE OF11
THE SUSPECTED, ALLEGED, OR WITNESSED OFFENSE; AND REPORTING THE12
ALLEGED SEXUAL ABUSE;13
(c) INFORM PRISONERS OF THEIR RIGHTS ESTABLISHED PURSUANT14
TO THE FEDERAL "PRISON RAPE ELIMINATION ACT";15
(d) I NFORM PRISONERS UPON BOOKING , IN WRITING AND IN AN16
ACCESSIBLE LANGUAGE, OF RESOURCES FOR VICTIMS OF SEXUAL ABUSE ,17
INCLUDING THE TELEPHONE NUMBER FOR A SEXUAL ASSAULT CRISIS LINE18
AND THE MAILING ADDRESS OF THE NEAREST CONFIDENTIAL SEXUAL19
ASSAULT ADVOCACY PROGRAM; AND20
(e) ALLOW CONFIDENTIAL SEXUAL ASSAULT ADVOCATES TIMELY21
ACCESS TO PRISONERS WHO HAVE REACHED OUT TO A CONFIDENTIAL22
SEXUAL ASSAULT ADVOCACY PROGRAM FOR ADVOCACY SERVICES.23
(3) (a) E ACH LOCAL DETENTION FACILITY SHALL DESIGNATE A24
STAFF MEMBER AS THE JAIL 'S PREA COORDINATOR . THE PREA25
COORDINATOR SHALL IMPLEMENT FEDERAL PREA STANDARDS AND26
FACILITATE ACCESS TO CONFIDENTIAL SEXUAL ASSAULT ADVOCACY27
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SERVICES FOR INMATES SEEKING CONFIDENTIAL SEXUAL ASSAULT1
ADVOCACY SERVICES.2
(b) THE JAIL SHALL INFORM STAFF MEMBERS AND PRISONERS OF3
THE NAME AND CONTACT INFORMATION FOR THE PREA COORDINATOR4
AND MAKE THE NAME AND CONTACT INFORMATION OF THE PREA5
COORDINATOR AVAILABLE TO THE PUBLIC.6
7
SECTION 4. In Colorado Revised Statutes, add 17-26-143 as8
follows:9
17-26-143. Retaliation against whistleblower jail staff10
prohibited - private right of action - exemptions - procedures -11
definitions.12
(1) (a) A LOCAL DETENTION FACILITY SHALL NOT DISCHARGE ,13
DISCIPLINE, DEMOTE, DENY A PROMOTION TO , TRANSFER OR REASSIGN ,14
DISCRIMINATE AGAINST , HARASS , SUSPEND , CREATE A HOSTILE WORK15
ENVIRONMENT FOR , SUBJECT TO CORRECTIVE ACTION OR REPRIMAND ,16
ISSUE AN EMPLOYMENT RATING THAT RESULTS IN THE LOSS OF PAY OR17
ADVERSELY AFFECTS ELIGIBILITY FOR PROMOTION OR FOR AN ASSIGNMENT18
FOR, LAY OFF , REDUCE WORK HOURS FOR , KNOWINGLY PROVIDE FALSE19
INFORMATION FOR THE PURPOSE OF NEGATIVELY AFFECTING FUTURE20
EMPLOYMENT OPPORTUNITIES FOR, OR THREATEN ANY ACTIONS AGAINST21
OR OTHERWISE DISCRIMINATE AGAINST A STAFF MEMBER IN TERMS ,22
CONDITIONS, OR PRIVILEGES OF EMPLOYMENT BECAUSE THE STAFF23
MEMBER DISCLOSES INFORMATION IN GOOD FAITH TO THE PROPER24
SUPERVISING AUTHORITY THAT THE STAFF MEMBER REASONABLY25
BELIEVES SHOWS SUSPECTED, ALLEGED, OR WITNESSED SEXUAL ABUSE OR26
SEX-BASED HARASSMENT IN THE LOCAL DETENTION FACILITY.27
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(b) A DMINISTRATIVE PROCEDURES , INCLUDING SUSPENSION1
DURING AN INVESTIGATION OR DEPARTMENTAL PROCEDURES USED TO2
DISTRIBUTE ASSIGNMENTS OR DUTIES OR MEET THE OPERATIONAL NEEDS3
OF THE LOCAL DETENTION FACILITY, DO NOT VIOLATE SUBSECTION (1)(a)4
OF THIS SECTION.5
(c) A STAFF MEMBER WHO IN GOOD FAITH DISCLOSES INFORMATION6
THAT THE STAFF MEMBER REASONABLY BELIEVES SHOWS SUSPECTED ,7
ALLEGED, OR WITNESSED SEXUAL ABUSE OR SEX-BASED HARASSMENT IN8
THE LOCAL DETENTION FACILITY IS ENGAGING IN A PROTECTED ACTIVITY.9
(d) THIS SUBSECTION (1) DOES NOT PREVENT A LOCAL DETENTION10
FACILITY FROM COMPLYING WITH ANY DISCLOSURE REQUIREMENTS11
REQUIRED BY LAW OR BY COURT RULE OR PROCEDURE.12
(2) A STAFF MEMBER AGGRIEVED BY A VIOLATION OF SUBSECTION13
(1) OF THIS SECTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE LOCAL14
DETENTION FACILITY THAT VIOLATED SUBSECTION (1) OF THIS SECTION15
AFTER THE STAFF MEMBER EXHAUSTS THE INTERNAL ADMINISTRATIVE16
PROCEDURES PURSUANT TO SUBSECTION (10) OF THIS SECTION.17
(3) A STAFF MEMBER WHOSE PROTECTED ACTIVITY DESCRIBED18
PURSUANT TO SUBSECTION (1) OF THIS SECTION WAS A CONTRIBUTING19
FACTOR IN THE LOCAL DETENTION FACILITY 'S ACTION DESCRIBED IN20
SUBSECTION (1) OF THIS SECTION MAY BE AWARDED ALL RELIEF21
NECESSARY TO MAKE THE STAFF MEMBER WHOLE , INCLUDING, BUT NOT22
LIMITED TO:23
(a) (I) REINSTATEMENT, WITH THE SAME SENIORITY STATUS THAT24
THE STAFF MEMBER WOULD HAVE HAD BUT FOR THE VIOLATION OF25
SUBSECTION (1) OF THIS SECTION; AND26
(II) THE AMOUNT OF BACK PAY WITH INTEREST AT AN INTEREST27
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RATE SET BY THE SECRETARY OF STATE PURSUANT TO SECTION 13-21-1011
(3) FOR THE YEARS BACK PAY IS AWARDED;2
(b) A NY OTHER EQUITABLE RELIEF THE COURT DEEMS3
APPROPRIATE;4
(c) C OMPENSATORY DAMAGES FOR OTHER PECUNIARY LOSSES ,5
EMOTIONAL PAIN AND SUFFERING , INCONVENIENCE , MENTAL ANGUISH ,6
LOSS OF ENJOYMENT OF LIFE, AND OTHER NONPECUNIARY LOSSES; AND7
(d) REASONABLE ATTORNEY FEES AND COSTS.8
(4) A NY REQUEST FOR REINSTATEMENT OR FOR AN AWARD OF9
REASONABLE ATTORNEY FEES MUST BE MADE TO THE COURT AFTER A10
JUDGMENT IS ENTERED IN FAVOR OF THE STAFF MEMBER. THE PARTIES ARE11
ENTITLED TO A HEARING ON THE REQUEST PRIOR TO THE COURT 'S12
DETERMINATION.13
(5) I T IS AN AFFIRMATIVE DEFENSE TO AN ACTION BROUGHT14
PURSUANT TO THIS SECTION IF THE LOCAL DETENTION FACILITY SHOWS BY15
A PREPONDERANCE OF THE EVIDENCE THAT THE LOCAL DETENTION16
FACILITY WOULD HAVE TAKEN THE ACTION THAT FORMS THE BASIS OF THE17
SUIT AGAINST THE STAFF MEMBER BASED ON A LEGITIMATE18
NONRETALIATORY BASIS.19
(6) A N ACTION BROUGHT PURS UANT TO THIS SECTION IS NOT20
SUBJECT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE21
10 OF TITLE 24.22
(7) IF A LOCAL DETENTION FACILITY ASSERTS THE AFFIRMATIVE23
DEFENSE CREATED IN SUBSECTION (5) OF THIS SECTION , THE STAFF24
MEMBER MUST HAVE THE OPPORTUNITY TO ESTABLISH IN RESPONSE, BY A25
PREPONDERANCE OF THE EVIDENCE , THAT THE LEGITIMATE26
NONRETALIATORY BASIS WAS PRETEXTUAL.27
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(8) A N ACTION BROUGHT PURSUANT TO THIS SECTION MUST BE1
BROUGHT WITHIN TWO YEARS AFTER THE DATE OF THE MOST RECENT2
ADVERSE EMPLOYMENT ACTION DESCRIBED IN SUBSECTION (1) OF THIS3
SECTION.4
(9) (a) THIS SECTION DOES NOT APPLY TO A STAFF MEMBER WHO5
DISCLOSES INFORMATION THAT THE STAFF MEMBER KNOWS TO BE FALSE,6
WHO DISCLOSES INFORMATION WITH DISREGARD FOR THE TRUTH, OR WHO7
DISCLOSES INFORMATION WITHOUT FULLY COMPLYING WITH SUBSECTION8
(10) OF THIS SECTION.9
(b) A STAFF MEMBER'S DISCLOSURE OF THE STAFF MEMBER'S OWN10
ACT OF NEGLIGENCE, UNPROFESSIONAL CONDUCT, OR VIOLATION OF ANY11
LOCAL, STATE , OR FEDERAL LAW IS NOT AN ACTIVITY PROTECTED12
PURSUANT TO THIS SECTION AND DOES NOT PROVIDE THE STAFF MEMBER13
WITH IMMUNITY RELATED TO THE ACTIVITY SUBJECT TO THE DISCLOSURE.14
(c) T HIS SECTION DOES NOT PREVENT A LOCAL DETENTION15
FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST A STAFF MEMBER16
FOR REASONS OTHER THAN THOSE SPECIFIED IN SUBSECTION (1) OF THIS17
SECTION.18
(10) (a) W HEN MAKING A GOOD FAITH REPORT OR DISCLOSURE19
PROTECTED BY THIS SECTION , A STAFF MEMBER SHALL FOLLOW THE20
INTERNAL REPORTING AND INTERNAL ADMINISTRATIVE PROCEDURES OF21
THE LOCAL DETENTION FACILITY, TO THE EXTENT THE PROCEDURES EXIST22
AND ARE PROVIDED TO THE EMPLOYEE IN WRITING, AND SHALL EXHAUST23
THE PROCEDURES PRIOR TO INITIATING A PRIVATE RIGHT OF ACTION24
PURSUANT TO SUBSECTION (2) OF THIS SECTION . IF THE INTERNAL25
REPORTING PROCEDURE REQUIRES A STAFF MEMBER TO REPORT TO THE26
INDIVIDUAL WHO ALLEGEDLY COMMITTED THE ACT DESCRIBED IN27
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SUBSECTION (1)(a) OF THIS SECTION, THE PROCEDURE MUST PROVIDE AN1
ALTERNATIVE REPORTING PROCEDURE . THE LIMITATIONS PERIOD2
DESCRIBED IN SUBSECTION (8) OF THIS SECTION IS TOLLED UNTIL THE3
INTERNAL ADMINISTRATIVE PROCESS IS COMPLETE.4
(b) (I) A LOCAL DETENTION FACILITY SHALL COMPLETE THE5
INTERNAL ADMINISTRATIVE PROCEDURE WITHIN ONE HUNDRED EIGHTY6
DAYS AFTER A REPORT OR DISCLOSURE.7
(II) I F A LOCAL DETENTION FACILITY DOES NOT ADOPT AN8
INTERNAL ADMINISTRATIVE PROCEDURE OR DOES NOT COMPLETE THE9
INTERNAL ADMINISTRATIVE PROCEDURE WITHIN ONE HUNDRED EIGHTY10
DAYS AFTER A REPORT OR DISCLOSURE, THIS SUBSECTION (10) IS DEEMED11
COMPLIED WITH AND THE STAFF MEMBER MAY FILE A PRIVATE RIGHT OF12
ACTION IN A COURT OF COMPETENT JURISDICTION PURSUANT TO13
SUBSECTION (2) OF THIS SECTION . IF THE LOCAL DETENTION FACILITY 'S14
INTERNAL ADMINISTRATIVE PROCEDURE HAS NOT BEEN COMPLETED WHEN15
THE STAFF MEMBER INITIATES A PRIVATE RIGHT OF ACTION PURSUANT TO16
SUBSECTION (2) OF THIS SECTION FOR REASONS BEYOND THE CONTROL OF17
THE LOCAL DETENTION FACILITY, INCLUDING, BUT NOT LIMITED TO , THE18
EXISTENCE OF AN OPEN CRIMINAL PROCEEDING OR AN OPEN CRITICAL19
INCIDENT RESPONSE TEAM INVESTIGATION , THE LOCAL DETENTION20
FACILITY MAY SEEK A STAY OF THE PRIVATE RIGHT OF ACTION PENDING21
RESOLUTION OF THE SOURCE OF THE DELAY.22
(11) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE23
REQUIRES:24
(a) "L OCAL DETENTION FACILITY" MEANS A COUNTY JAIL OR A25
FACILITY OPERATED BY A CITY OR TOWN FOR THE PURPOSES OF CONFINING26
PERSONS CHARGED WITH OR CONVICTED OF VIOLATIONS OF MUNICIPAL27
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ORDINANCES.1
(b) "P ROPER SUPERVISING AUTHORITY " MEANS THE PERSON OR2
DEPARTMENT DESIGNATED IN THE LOCAL DETENTION FACILITY TO3
INVESTIGATE ALLEGATIONS OF INTERNAL MISCONDUCT . IF THE LOCAL4
DETENTION FACILITY DOES NOT HAVE A POLICY DESIGNATING A PERSON OR5
DEPARTMENT TO INVESTIGATE ALLEGATIONS OF MISCONDUCT, THE PROPER6
SUPERVISING AUTHORITY IS THE HIGHEST-RANKING STAFF MEMBER IN THE7
LOCAL DETENTION FACILITY.8
(c) "STAFF MEMBER" MEANS A PERSON ASSIGNED TO OR EMPLOYED9
AT A LOCAL DETENTION FACILITY.10
SECTION 5. In Colorado Revised Statutes, 24-31-902, amend11
(1)(a)(III); and add (1)(a)(II)(F) as follows:12
24-31-902. Incident recordings - release - tampering - fine.13
(1) (a) (II) (F) A PEACE OFFICER SHALL NOT WEAR OR ACTIVATE A14
BODY-WORN CAMERA IF THE PEACE OFFICER IS CONDUCTING A STRIP15
SEARCH UNLESS NO OVERHEAD CAMERA IS AVAILABLE AND RECORDING16
VIDEO AND AUDIO IN THE SPACE THE PEACE OFFICER IS CONDUCTING THE17
STRIP SEARCH.18
(III) If a peace officer fails to activate a body-worn camera or19
dash camera as required by this section or tampers with body-worn- or20
dash-camera footage or operation when required to activate the camera,21
there is a permissive inference in any investigation or legal proceeding,22
excluding criminal proceedings against the peace officer, that the missing23
footage would have reflected misconduct by the peace officer. If a peace24
officer fails to activate or reactivate his or her body-worn camera as25
required by this section or tampers with body-worn- or dash-camera26
footage or operation when required to activate the camera, any statements27
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or conduct s ought to be introduced in a prosecution through the peace1
officer related to the incident that were not recorded due to the peace2
officer's failure to activate or reactivate the body-worn camera as required3
by this section or if the statement or conduct was not recorded by other4
means creates a rebuttable presumption of inadmissibility.5
Notwithstanding any other provision of law, this subsection (1)(a)(III)6
does not apply:7
(A) If the body-worn camera was not activated due to a8
malfunction of the body-worn camera and the peace officer was not9
aware of the malfunction, or was unable to rectify it, prior to the incident,10
provided that the law enforcement agency's documentation shows the11
peace officer checked the functionality of the body-worn camera at the12
beginning of his or her shift; OR13
(B) IF THE PEACE OFFICER TURNED THEIR BODY -WORN CAMERA14
OFF IN COMPLIANCE WITH (1)(a)(II)(F) OF THIS SECTION.15
SECTION 6. In Colorado Revised Statutes, 24-31-904, amend16
(1)(a)(IV) and (1)(a)(V); and add (1)(a)(VI) and (7) as follows:17
24-31-904. Peace officer certification discipline - definition.18
(1) (a) Notwithstanding any provision of law, the P.O.S.T. board19
shall permanently revoke a peace officer's certification if:20
(IV) An administrative law judge, hearing officer, or internal21
investigation finds that a peace officer failed to intervene pursuant to22
section 18-8-805 (5) and the incident resulted in death to another person;23
or24
(V) An administrative law judge, hearing officer, or internal25
investigation finds that a peace officer violated section 18-8-805 (1) or26
(2)(a)(I) and the incident resulted in death to another person; OR27
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(VI) A N ADMINISTRATIVE LAW JUDGE , HEARING OFFICER , OR1
INTERNAL INVESTIGATION FINDS THAT A PEACE OFFICER PERPETRATED AN2
ACT THAT CONSTITUTES SEXUAL ASSAULT , AS DESCRIBED IN SECTION3
18-3-402; UNLAWFUL SEXUAL CONTACT, AS DESCRIBED IN SECTION4
18-3-404; OR INVASION OF PRIVACY FOR SEXUAL GRATIFICATION, AS5
DESCRIBED IN SECTION 18-3-405.6, AND THE ACT INVOLVED A PERSON IN6
THE CUSTODY OF A LOCAL DETENTION FACILITY.7
(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
REQUIRES, "LOCAL DETENTION FACILITY" MEANS A COUNTY JAIL OR A9
FACILITY OPERATED BY A CITY, CITY AND COUNTY, OR TOWN FOR THE10
PURPOSES OF CONFINING PERSONS CHARGED WITH OR CONVICTED OF11
VIOLATIONS OF MUNICIPAL ORDINANCES.12
SECTION 7. Appropriation. For the 2026-27 state fiscal year,13
$38,916 is appropriated to the department of law. This appropriation is14
from the P.O.S.T. board cash fund created in section 24-31-303 (2)(b),15
C.R.S., and is based on an assumption that the department will require an16
additional 0.3 FTE. To implement this act, the department may use this17
appropriation for peace officers standards and training board support.18
SECTION 8. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
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