SB20-217 ENHANCE LAW ENFORCEMENT INTEGRITY
The Senate has passed SB20-217. It was introduced to the House on June 9, 2020. There are three readings in the House; two have already passed, with little substantive changes.
However, the PPA, together with its lobbyists, Lombard & Clayton, continue to work with the language of this Bill — to the extent possible. The language to qualified immunity now reads:
“(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PEACE OFFICER’S EMPLOYER SHALL INDEMNIFY ITS PEACE OFFICERS FOR ANY LIABILITY INCURRED BY THE PEACE OFFICER AND FOR ANY JUDGMENT OR SETTLEMENT ENTERED AGAINST THE PEACE OFFICER FOR CLAIMS ARISING PURSUANT TO THIS SECTION; EXCEPT THAT IF THE PEACE OFFICER’S EMPLOYER DETERMINES THAT THE OFFICER DID NOT ACT UPON A GOOD FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL, THEN THE PEACE OFFICER IS PERSONALLY LIABLE AND SHALL NOT BE INDEMNIFIED BY THE PEACE OFFICER’S EMPLOYER FOR FIVE PERCENT OF THE JUDGMENT OR SETTLEMENT OR TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER IS LESS. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IF THE PEACE OFFICER’S PORTION OF THE JUDGMENT IS UNCOLLECTIBLE FROM THE PEACE OFFICER, THE PEACE OFFICER’S EMPLOYER OR INSURANCE SHALL SATISFY THE FULL AMOUNT OF THE JUDGMENT OR SETTLEMENT.”
Make note: When passed by both the Senate and the House, the majority of this Bill will become law immediately upon the signing by the Governor.
You can access the current Bill’s language here as of June 11: https://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_217_ren.pdf