Colorado Law Enforcement Sustainable?

Weather Man

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Gonna be tough for CO law enforcement. The new law also stops agencies and individuals from getting insurance. That is a pretty scary hammer hanging over your head.

Colorado state lawmakers passed legislation on Saturday that fundamentally changes policing in the state, and the governor is expected to sign it quickly.

The legislation was proposed after violent protests and riots broke out across the United States in response to the death of 46-year-old George Floyd in the custody of the Minneapolis police.

Colorado Governor Jared Polis has said that he will sign the bill into law once he receives it, the Denver Post reported.

Senate Bill 217 – the Enhance Law Enforcement Integrity Bill – calls for multiple dramatic changes to the manner in which policing is conducted across the state.

Under the new law, every officer in the state will wear a bodycam by July of 2023, and bodycams are required to be activated whenever officers respond to a call, the Denver Post reported.

Failure to activate the camera could result in criminal liability or other penalties.

The law also creates timelines for the release of bodycam footage to the public.

SB 217 also requires officers to intervene if they see another officer using excessive force or face a class 1 misdemeanor or greater charge, according to the Denver Post.

The new law also removed qualified immunity protections for police officers, meaning that individual cops can be sued for actions taken in the course of doing their jobs that may violate an individual’s civil rights.

If a police department determines that an officer acted in bad faith, they may hold the officer accountable for up to 5% or $25,000, whichever is less, of the settlement or judgement collected by a plaintiff, the Denver Post reported.
 

PhoenixM3

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Shit. I agree to a point with some of the stuff, i.e not standing by and allowing your partner to use excessive force, but that is a judgement call and not always an easy one when seconds count. I also agree with the body cams to a point. If they're on all the time and record audio discussion outside of the "stop" where's the privacy for the LEO? There's a lot of instances where I'll make a comment to suggest my boss or government workers are dicks, but I don't want those discussions recorded....

P.S. Polis is a polesmoker - change my mind.
 

GNBRETT

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Those are all pretty standard in every state. If the Cop is not acting under the color of law and in good faith no prosecutor will offer any qualified immunity anywhere.

The body cams have been worn for like (20) years now and car cams have been around for about (40) years now. Almost every single PD has a policy for body cams so implementing a state wide policy didn't change anything.

No city will defend someone in a civil suit if a Cop didn't act in good faith. These are statutes that have existed in most states for decades now.

Gonna be tough for CO law enforcement. The new law also stops agencies and individuals from getting insurance. That is a pretty scary hammer hanging over your head.

Colorado state lawmakers passed legislation on Saturday that fundamentally changes policing in the state, and the governor is expected to sign it quickly.

The legislation was proposed after violent protests and riots broke out across the United States in response to the death of 46-year-old George Floyd in the custody of the Minneapolis police.

Colorado Governor Jared Polis has said that he will sign the bill into law once he receives it, the Denver Post reported.

Senate Bill 217 – the Enhance Law Enforcement Integrity Bill – calls for multiple dramatic changes to the manner in which policing is conducted across the state.

Under the new law, every officer in the state will wear a bodycam by July of 2023, and bodycams are required to be activated whenever officers respond to a call, the Denver Post reported.

Failure to activate the camera could result in criminal liability or other penalties.

The law also creates timelines for the release of bodycam footage to the public.

SB 217 also requires officers to intervene if they see another officer using excessive force or face a class 1 misdemeanor or greater charge, according to the Denver Post.

The new law also removed qualified immunity protections for police officers, meaning that individual cops can be sued for actions taken in the course of doing their jobs that may violate an individual’s civil rights.

If a police department determines that an officer acted in bad faith, they may hold the officer accountable for up to 5% or $25,000, whichever is less, of the settlement or judgement collected by a plaintiff, the Denver Post reported.
 

Weather Man

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Those are all pretty standard in every state. If the Cop is not acting under the color of law and in good faith no prosecutor will offer any qualified immunity anywhere.

The body cams have been worn for like (20) years now and car cams have been around for about (40) years now. Almost every single PD has a policy for body cams so implementing a state wide policy didn't change anything.

No city will defend someone in a civil suit if a Cop didn't act in good faith. These are statutes that have existed in most states for decades now.

I believe you are incorrect, I have never seen a law enforcement officer on duty not defended for actions on duty and I have never seen a law enforcement officer on the hook for money judgement. This law opens multiple paths for people to sue and the officer to be on the hook.
 

Russo

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I believe you are incorrect, I have never seen a law enforcement officer on duty not defended for actions on duty and I have never seen a law enforcement officer on the hook for money judgement. This law opens multiple paths for people to sue and the officer to be on the hook.

i'd like to see DAs, judges, and any prosecution be responsible for letting criminals go and they repeat offend... too many weak people in leadership..
 

Weather Man

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What's the issue with any of that?

Political groups can now go directly after officers. What individual law enforcement officer can afford to keep a lawyer on retainer, much less pay to defend against multiple suits?
 

noco5.0

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Those are all pretty standard in every state. If the Cop is not acting under the color of law and in good faith no prosecutor will offer any qualified immunity anywhere.

The body cams have been worn for like (20) years now and car cams have been around for about (40) years now. Almost every single PD has a policy for body cams so implementing a state wide policy didn't change anything.

No city will defend someone in a civil suit if a Cop didn't act in good faith. These are statutes that have existed in most states for decades now.

This law was changed significantly from the original draft. It initially didn't allow for a city to indemnify an officer acting in good faith and the liability was 100k and the officer couldn't purchase insurance.

The issue with body cameras is the unfunded mandate for smaller jurisdictions. Outside of the Front Range, Colorado is largely a rural state with a lot of small agencies. Due to COVID the State is in a financial pinch so they exempted themselves from these mandates (with the exception of the Colorado State Patrol) which seems pretty hypocritical. They pushed the body camera part back to 2023 as a compromise since smaller agencies are going to scramble to find the money but hopefully their economies are better in a couple of years.
 

Weather Man

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Just trying to imagine a riot, I mean protest, in Denver. Gets violent and police break it up. Liberal group funds class action lawsuit saying Denver PD violated their civil rights and sues for 10 million. Every officer is on the hook for $25,000, has to hire a lawyer to protect himself. Does anyone else not see this shit show unfolding?
 

noco5.0

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Just trying to imagine a riot, I mean protest, in Denver. Gets violent and police break it up. Liberal group funds class action lawsuit saying Denver PD violated their civil rights and sues for 10 million. Every officer is on the hook for $25,000, has to hire a lawyer to protect himself. Does anyone else not see this shit show unfolding?

Don't disagree with your sentiment but almost every cop I know has supplemental legal coverage either through their union or they buy it on their own. I'm sure the premiums for that coverage will be going up and cops will be buying professional liability coverage like doctors, lawyers, etc.
 

Weather Man

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Don't disagree with your sentiment but almost every cop I know has supplemental legal coverage either through their union or they buy it on their own. I'm sure the premiums for that coverage will be going up and cops will be buying professional liability coverage like doctors, lawyers, etc.

My understanding of the law is that such coverage is forbidden, so bad cops can't protect themselves, of course. They want the supposed bad cops to be punished.

EDIT: I read the bill and I do not see where others are finding the can't buy a rider clause.

Enhance Law Enforcement Integrity | Colorado General Assembly
 
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GNBRETT

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You haven't? Maybe u haven't heard of the guy who recently turned and pointed a Taser at an officer after resisting arrest and assualting two officers in the process and taking his weapon and tried using it against the Cop...... A Taser is not like MACE.

When hit with MACE u can still defend urself to a degree cause u can hold ur weapon. That cannot be said for a Taser. If ur hit with the Taser ur incapacitated for (5) seconds which is plenty of time for someone to take now ur GUN after he has already taken ur Taser and then shoot u in the face!

So there is ur example of an officer NOT being defended criminally or civilly by the city he works for so I can assure u with 100% it happens a LOT! And no they won't be defending him in any civil judgement either so yes he will be on the hook for that too.

I believe you are incorrect, I have never seen a law enforcement officer on duty not defended for actions on duty and I have never seen a law enforcement officer on the hook for money judgement. This law opens multiple paths for people to sue and the officer to be on the hook.
 

silver03svt

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I believe you are incorrect, I have never seen a law enforcement officer on duty not defended for actions on duty and I have never seen a law enforcement officer on the hook for money judgement. This law opens multiple paths for people to sue and the officer to be on the hook.

The whole qualified immunity ONLY protects the officer IF he/she is acting in good faith AND has not broken his/hers department policy and or violated law in the course of his/her actions. Up to that point, qualified immunity WILL cover the officer, and rightfully it should.
 

KevinsVertTerminator

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Agree with a few of you here. Qualified immunity is huge. It cannot be taken away!!!! As Silver03 said, it only covers when you are in the right.
 

FullOutPwr

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I’ve seen several guys I work with in the last 2-3 weeks quit and walk off the job mid shift. We were unable to hire and retain officers before as it was.

I think you will start to see the crime rates skyrocket in all the major cities. I am not putting myself and my family in jeopardy with the ridiculous courts and I myself at more than a decade on the job are leaving.
 

KevinsVertTerminator

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I’ve seen several guys I work with in the last 2-3 weeks quit and walk off the job mid shift. We were unable to hire and retain officers before as it was.

I think you will start to see the crime rates skyrocket in all the major cities. I am not putting myself and my family in jeopardy with the ridiculous courts and I myself at more than a decade on the job are leaving.
I hate to hear it but I do understand. Get good PLI and/or move to a department in a state that gives a shit about their cops and their cops rights and wellbeing. Leave the POS Dem cities to burn!
 

Makobra

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i'd love to rip on CO (aka new california) but these seem reasonable. society expects cops to do things they shouldn't be doing which means cops need protections they shouldn't enjoy which means it creates the perfect environment for bad things to be justified under the flag of "hey just doing my job trying to get home safe to my family".

i hope in all of this the police departments push back with "okay so if you take that then we're not going to be enforcing your bullshit laws that don't hurt people but put us and the rest of the public at risk".

i doubt it'll happen but a boy can dream.
 

Weather Man

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i'd love to rip on CO (aka new california) but these seem reasonable. society expects cops to do things they shouldn't be doing which means cops need protections they shouldn't enjoy which means it creates the perfect environment for bad things to be justified under the flag of "hey just doing my job trying to get home safe to my family".

i hope in all of this the police departments push back with "okay so if you take that then we're not going to be enforcing your bullshit laws that don't hurt people but put us and the rest of the public at risk".

i doubt it'll happen but a boy can dream.

Actually, I think a law enforcement officer thinking about 25K out of pocket or a claim on his insurance will be a wonderful motivator to let the little shit ride and the big shit to develop to the point of certainty.
 

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