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Legislative Year: 2024 Change

Bill Detail: HB24-1460

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Title Law Enforcement Misconduct
Status House Third Reading Lost with Amendments - Floor (05/03/2024)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors L. Herod (D)
J. Bacon (D)
Senate Sponsors J. Danielson (D)
House Committee Judiciary
Senate Committee
Date Introduced 04/17/2024

The bill requires a law enforcement agency (agency) that receives
an allegation of misconduct, criminal conduct, or other unprofessional
conduct regarding a peace officer employed by the agency to investigate
the allegation. If a peace officer receives an allegation of misconduct,
criminal conduct, or other unprofessional conduct (misconduct) or is
reasonably aware of the misconduct of another peace officer, the peace
officer shall report the allegation to the subject of the allegation's
employing agency. A peace officer who fails to make the report commits
a class 2 misdemeanor. A person who makes an allegation has a private
right of action if the allegation is not investigated.
The bill clarifies that patterns and practices investigations may also
be related to deprivation of rights by a peace officer against another peace
Current law requires agencies to report certain information
regarding officers' misconduct to a database maintained by the P.O.S.T.
board. The attorney general may audit the reports made to the database to
verify reporting compliance. The bill requires the attorney general to
accept reports of non-reporting to the database and requires those reports
to be investigated within available resources.
Current law requires unedited video and audio recordings of
incidents of alleged misconduct to be released the public upon request.
The bill states that a law enforcement agency shall not charge a fee to the
requestor related to releasing the recording.
Current law provides a peace officer with whistle-blower
protection. The bill allows a peace officer who is subject to
whistle-blower discipline a private right of action against the officer's
employing agency.
The bill requires each agency to retain all reports regarding
allegations of misconduct and all investigation files, notes, and reports
related to those reports. The bill also requires the investigating agency to
provide a copy of the investigation file to the subject of the investigation
after the investigation is completed.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/02/2024) (most recent)  
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