SB 26-190

Senate Bill 26-190, which has been signed into law, requires that video and audio recordings of incidents where a peace officer's use of force results in death be provided to the victim’s family. The bill also mandates that these recordings are made public after being given to the family. Additionally, it sets deadlines for informing families about investigations and restricts officers from making statements that could prejudice ongoing legal proceedings related to such incidents. This law affects peace officers and the families of victims involved in use-of-force incidents. Since the bill has been signed, its provisions will now be enforced in Colorado.

Official Summary

The act clarifies that video and audio recordings (recordings) depicting an incident of a peace officer's use of force that resulted in death (incident) must be provided to the decedent's immediate family within 21 days after the incident regardless of whether there is a complaint of peace officer misconduct for the incident.     The act requires the multi-agency team investigating the incident or the law enforcement agency that employs the peace officer who used force in the incident to notify the decedent's immediate family about the multi-agency team investigation into the incident within 24 hours after the scene of the incident is cleared. The notification must include the names of the law enforcement agencies that comprise the multi-agency investigating team and the status of the investigation.     The act prohibits a peace officer participating in the investigation of a criminal matter involving an incident from making an extrajudicial statement on behalf of a law enforcement agency that the peace officer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding on the matter. Video of an incident produced for purposes of a community or critical incident briefing must include certain disclaimers, and narration or commentary must be limited to the facts of the incident.(Note: This summary applies to this bill as enacted.)

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