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- posted: Jan. 15, 2023
- Criminal Defense
Instances of police misconduct in recent years have caught the public’s attention, sparking demonstrations and legislative debate across the country about police brutality and excessive use of force. When altercations occur between civilians and law enforcement, there are technological means available to preserve records of the incidents. Body cams are meant to provide an unbiased view into what happened leading up to the arrest or incident. In Colorado, the legislature has sought to increase transparency by adding additional requirements for local and state police departments.
Laws enacted in 2020 and 2021 (SB20-217 and HB21-1250) are changing how police departments throughout Colorado use body cameras, and impose penalties for non-compliance. Many police officers in Colorado already wear body cameras, but these new acts, which go into effect in July of 2023, require all local law enforcement agencies and the Colorado state police to give body-worn cameras to most officers who interact with the public. Some peace officers are exempt because they work in jails or court rooms or because they are civilian or administrative staff. Members of the executive detail of the Colorado state patrol are exempted as well.
Once an officer is issued a body camera, the officer must wear the camera and always have it turned on while on duty, except for in the following situations:
- The officer wants to avoid recording strictly personal information not related to any police case
- The officer is on an authorized break and therefore not on duty
- No civilians are present, and the officer is engaged in a discussion that is administrative, technical or managerial
- The officer is assigned to work under cover
The law also mandates that body cam footage, once requested, must be released to the requester within 21 days.
Officers will be penalized if they either fail to turn on their camera or attempt to alter the video footage with the intent to conceal their actions or in any other way to obstruct justice. If they commit such misconduct, the officers could be stripped of their state certification and be ineligible to work in law enforcement. The loss of state certification will last a minimum of one year.
These changes in the law are intended to protect both members of the community and police officers. With increased usage of body cameras, there will be fewer interactions that are not recorded, and therefore less room for speculation or misunderstandings about what exactly happened.
Polansky Law Firm, located in Boulder, is one of Colorado’s premier law firms, and we are experienced with cases involving police body camera footage. To speak with one of our attorneys, please contact us or call 303-415-2583 to schedule a consultation.
