(1) Beginning July 1, 2023, the division of criminal justice in the department of public safety shall create an annual report including all of the information that is reported to the division pursuant to subsection (2) of this section, aggregated and broken down by the law enforcement agency that employs peace officers, along with the underlying data.
(2) Beginning January 1, 2023, the Colorado state patrol and each local law enforcement agency that employs peace officers shall report to the division of criminal justice:
(a) All use of force by its peace officers that results in death or serious bodily injury, including:
The date, time, and location of the use of force;
The perceived demographic information of the person contacted, provided that theidentification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data;
The names of all peace officers who were at the scene, identified by whether thepeace officer was involved in the use of force or not; except that the identity of other peace officers at the scene not directly involved in the use of force shall be identified by the officer's identification number issued by the P.O.S.T. board unless the peace officer is charged criminally or is a defendant to a civil suit as a result arising from the use of force;
The type of force used, the severity and nature of the injury, whether the peaceofficer suffered physical injury, and the severity of the peace officer's injury;
Whether the peace officer was on duty at the time of the use of force;
Whether a peace officer unholstered a weapon during the incident;
Whether a peace officer discharged a firearm during the incident;
Whether the use of force resulted in a law enforcement agency investigation andthe result of the investigation; and
Whether the use of force resulted in a citizen complaint and the resolution of thatcomplaint;
All instances when a peace officer resigned while under investigation for violatingdepartment policy;
All data relating to contacts conducted by its peace officers, including:
The perceived demographic information of the person contacted provided that theidentification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data;
Whether the contact was a traffic stop;
The time, date, and location of the contact;
The duration of the contact;
The reason for the contact;
The suspected crime;
The result of the contact, such as:
No action, warning, citation, property seizure, or arrest;
If a warning or citation was issued, the warning provided or violation cited;
If an arrest was made, the offense charged;
If the contact was a traffic stop, the information collected, which is limited to thedriver;
(VIII) The actions taken by the peace officer during the contact, including but not limited to whether:
The peace officer asked for consent to search the person, and, if so, whether consentwas provided;
The peace officer searched the person or any property, and, if so, the basis for thesearch and the type of contraband or evidence discovered, if any;
The peace officer seized any property and, if so, the type of property that was seizedand the basis for seizing the property;
A peace officer unholstered a weapon during the contact; and
A peace officer discharged a firearm during the contact;
(d) All instances of unannounced entry into a residence, with or without a warrant, including:
The date, time, and location of the use of unannounced entry;
The perceived demographic information of the subject of the unannounced entry,provided that the identification of these characteristics is based on the observation and perception of the peace officer making the entry and other available data;
Whether a peace officer unholstered a weapon during the unannounced entry; and(IV) Whether a peace officer discharged a firearm during the unannounced entry.
The Colorado state patrol and local law enforcement agencies shall not report thename, address, social security number, or other unique personal identifying information of the subject of the use of force, victim of the official misconduct, or persons contacted, searched, or subjected to a property seizure. Notwithstanding any provision of law to the contrary, the data reported pursuant to this section is available to the public pursuant to subsection (4) of this section.
The division of criminal justice shall maintain a statewide database with data collected pursuant to this section, in a searchable format, and publish the database on its website.
The Colorado state patrol and any local law enforcement agency that fails to meet itsreporting requirements pursuant to this section is subject to the suspension of its funding by its appropriating authority.
Source: L. 2020: Entire part added, (SB 20-217), ch. 110, p. 449, § 2, effective June 19.