HB 25-1136

Abstract

Law enforcement is required to report to the peace officers standards and training board (P.O.S.T. board) certain information related to peace officer conduct for inclusion in a searchable database. The act requires the head of the law enforcement agency providing the report to certify the accuracy of the information in the report. When certain peace officer conduct is reported, the peace officer is entitled to a show cause hearing. Upon request of the P.O.S.T. board, the agency providing the report shall provide the P.O.S.T. board with all documents relevant to the discipline for which the peace officer was placed in the database. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena. The act prohibits the P.O.S.T. board from including information in the database if the information is received from an agency that does not employ or has not employed the subject of the information. If an agency fails to report the information, the agency is subject to a fine. A peace officer who is included in the searchable database can appeal the officer's inclusion in the database. When a peace officer is added to the database, the P.O.S.T. board shall provide the officer with information on its website about how to appeal that action. The act requires the peace officer's disciplining law enforcement agency to provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena. The act gives the P.O.S.T. board the authority to remove entries from the database that are in error. Under current law, the P.O.S.T. board shall permanently revoke a peace officer's certification and record that information in the database if the officer is found civilly liable for the use of unlawful physical force or is found civilly liable for failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person. The act gives the P.O.S.T. board the discretion to permanently revoke a peace officer's certification in those cases. If a law enforcement agency is investigating a peace officer for an incident that could result in a database report, the law enforcement agency shall inform the peace officer of the agency's duty to report that information and the consequences of the reporting. The act prohibits a law enforcement agency from agreeing to a settlement with a peace officer that includes the agency agreeing to not report the information to the database. Current law requires a law enforcement agency to provide a peace officer's personnel records, when they receive a waiver for the records, to another law enforcement agency that is considering employing the peace officer. The act requires a law enforcement agency or governmental agency that submits the waiver to another agency and does not receive the records to report that fact to the P.O.S.T. board. The P.O.S.T. board may contact the agency, and if the agency does not provide the disclosure within 6 calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T. board funding for a period of one year and the agency may be subject to fines. The act allows a person to maintain their P.O.S.T. certification if they are not working as a peace officer but are working for a law enforcement agency in a non-peace-officer role and they maintain the annual P.O.S.T. board training requirements. In 2024, the general assembly provided temporary peace officer status to administrators of judicial security. The act makes the status permanent. (Note: This summary applies to this bill as enacted.)