Colorado’s citizens should know that the bill requires all
officers to have body worn cameras (BWC) on during all contacts. Police
officers do not widely object to BWCs, as they have consistently been to
officers’ benefit. But SB20-217 requires the camera on when you call about your
suicidal brother, your drug dealing neighbor, or when you want to
confidentially report information about a potential school shooter. If the
officer fails to turn on their BWC for any contact, even in the case of a
sudden ambush, the law presumes that there is police misconduct absent any
other evidence.
To ensure that no criminals get hurt during their violent
crimes, the bill specifically eliminates the part of the law allowing deadly
force when a suspect “Has committed or attempted to commit a felony involving
the use or threatened use of a deadly weapon”. The officer must use their
telepathic powers of prophecy to know whether an offender will use the next .25
seconds to make their threat “imminent”. The bill also removes a peace
officer’s ability to use deadly force “to prevent the escape of a prisoner
convicted of, charged with, or held for a felony or confined under the
maximum security rules of any detention
facility” unless there is “likely endangerment of human life or inflection of
serious bodily injury”, again calling on the officers’ psychic ability which
the sponsors of the bill apparently think is taught in the police academy.
The bill severely limits qualified immunity (remaining for
all other government actors, just not the police), which has been a well-established
protection for reasonable mistakes made in good faith for any government
official. Officers are not only disallowed from human error, unlike doctors,
lawyers, and accountants, but if they are civilly sued they must be fired as
though they had been found guilty of a crime.
To add to assurance that officers
will be uniquely, severely punished, they will not have the benefit of their
agency’s insurance coverage and will be personally financially responsible in
addition to their loss of career. And, of course, any complaints in the officer
will be required to remain anonymous so that the accountability is always a
one-way street. Never mind that officers already are subject to federal and
state criminal charges, federal and state civil lawsuits, department
discipline, and financial disaster as a result of misconduct accusations, even
those which ultimately find the officer vindicated.
The bill additionally burdens your local officers and
agencies with added paperwork and data reporting that, while possibly
beneficial (though by no means certainly beneficial) duplicates much of what is
already being reported. You’ll be glad to know as the minutes tick away after
your 911 call that your officer is filling out their surveys and will be with
you when the mandated paperwork is done. Even with public funds looking
dismal, you’ll be glad to know that the
legislator is directing how your police leaders must divert their budgets from
crime fighting to managing the new mandates.
Under the guise of reform, the bill’s sponsors are
attempting to punish all of Colorado’s 13,000 peace officers for police
misconduct everywhere at the cost of the privacy and safety of all citizens.
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