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Key Votes

HB 19-1119 - Requires Law Enforcement Internal Investigations to Become Public - Colorado Key Vote

Janice Rich voted Nay (Passage) on this Legislation.

Read statements Janice Rich made in this general time period.

Timeline

Issues Related to HB 19-1119

Stage Details

Legislation - Signed (Executive) -

Title: Requires Law Enforcement Internal Investigations to Become Public

Legislation - Bill Passed (Senate) (19-16) - (Key vote)
See How Your Politicians Voted

Title: Requires Law Enforcement Internal Investigations to Become Public

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that requires internal investigations within law enforcement agencies to be made public.

Highlights:
  • Requires that elements of a completed internal investigation be released for public inspection upon request and specifies that those elements shall consist of the following (Sec. 1):

    • Any appeals processes;

    • Examination of conduct in-uniform or on-duty;

    • Incidents of alleged misconduct involving a member of the public; and

    • The investigation file in its entirety, which includes;

      • Witness interviews and video and audio recordings;

      • Transcripts, documentary evidence, and investigative notes; and

      • Final departmental decision.

  • Specifies that the custodian of the file may provide a summary of the investigation first and that they must provide the entire file upon further request (Sec. 1).

  • Authorizes the custodian of the file to redact or remove the following information, including (Sec. 1):

    • Personal identifying information and juvenile identifying information;

    • Identifying or contact information of confidential informants, witnesses, or victims;

    • Home address, personal phone number, and email address of a peace officer;

    • Information prohibited for public release by state or federal law;

    • Medical or mental health information;

    • Non-final disciplinary recommendations;

    • Compelled statements made by peace officers who are the subject of a criminal investigation directly related to conduct underlying the internal investigation;

    • Video interviews if an official transcript was produced unless requested after receiving the transcript;

    • Identity of officers who volunteered information related the investigation but are not subject to it;

    • Confidential intelligence; and

    • Video or photograph that raises substantial privacy concerns for defendants, witnesses, victims, or informants, including:

      • Nudity;

      • Medical emergencies or mental health crises;

      • Victim interviews; or

      • The interior of a home or treatment facility.

  • Specifies that a written explanation for redaction may be requested (Sec. 1).

  • Authorizes that a witness, victim, or defendant may waive in writing the privacy interest that may be implicated by public release (Sec. 1).

  • Authorizes the custodian to deny inspection of the file if there is an ongoing investigation related to the subject of the internal investigation (Sec. 1);

    • Specifies that the file must be available for public inspection upon the dismissal of all charges or a sentence for a conviction.

  • Authorizes those who’ve been denied access to any information to file an application with the district court in the county where the records are located (Sec. 1).

  • Authorizes the custodian to deny inspection of a file if it is prohibited by the Colorado Supreme Court or a court order (Sec. 1).

 

Legislation - Bill Passed (House) (33-29) - (Key vote)
See How Your Politicians Voted

Title: Requires Law Enforcement Internal Investigations to Become Public

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that requires internal investigations within law enforcement agencies to be made public.

Highlights:
  • Requires that elements of a completed internal investigation be released for public inspection upon request and specifies that those elements shall consist of the following (Sec. 1):

    • Any appeals processes;

    • Examination of conduct in-uniform or on-duty;

    • Incidents of alleged misconduct involving a member of the public; and

    • The investigation file in its entirety, which includes;

      • Witness interviews and video and audio recordings;

      • Transcripts, documentary evidence, and investigative notes; and

      • Final departmental decision.

  • Specifies that the custodian of the file may provide a summary of the investigation first and that they must provide the entire file upon further request (Sec. 1).

  • Authorizes the custodian of the file to redact or remove the following information, including (Sec. 1):

    • Personal identifying information and juvenile identifying information;

    • Identifying or contact information of confidential informants, witnesses, or victims;

    • Home address, personal phone number, and email address of a peace officer;

    • Information prohibited for public release by state or federal law;

    • Medical or mental health information;

    • Non-final disciplinary recommendations;

    • Compelled statements made by peace officers who are the subject of a criminal investigation directly related to conduct underlying the internal investigation;

    • Video interviews if an official transcript was produced unless requested after receiving the transcript;

    • Identity of officers who volunteered information related the investigation but are not subject to it;

    • Confidential intelligence; and

    • Video or photograph that raises substantial privacy concerns for defendants, witnesses, victims, or informants, including:

      • Nudity;

      • Medical emergencies or mental health crises;

      • Victim interviews; or

      • The interior of a home or treatment facility.

  • Specifies that a written explanation for redaction may be requested (Sec. 1).

  • Authorizes that a witness, victim, or defendant may waive in writing the privacy interest that may be implicated by public release (Sec. 1).

  • Authorizes the custodian to deny inspection of the file if there is an ongoing investigation related to the subject of the internal investigation (Sec. 1);

    • Specifies that the file must be available for public inspection upon the dismissal of all charges or a sentence for a conviction.

  • Authorizes those who’ve been denied access to any information to file an application with the district court in the county where the records are located (Sec. 1).

  • Authorizes the custodian to deny inspection of a file if it is prohibited by the Colorado Supreme Court or a court order (Sec. 1).

 

Legislation - Introduced (House) -

Title: Requires Law Enforcement Internal Investigations to Become Public

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