Colorado § 16-2.5-303 - Extrajudicial statement concerning use of force - requirements for videos released to the public.

§ 16-2.5-303. Extrajudicial statement concerning use of force - requirements for videos released to the public.

(1) A peace officer who is participating or has participated in the investigation of a criminal matter involving the use of force by another peace officer that results in death shall not make an extrajudicial statement on behalf of a law enforcement agency that the peace officer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

(2) The following extrajudicial statements are presumed to have a substantial likelihood of materially prejudicing an adjudicative proceeding in a criminal matter:

(a) Subjective observations, including observations about a decedent's or witness's character or credibility;

(b) Opinions that a decedent or a witness is guilty of a crime; and

(c) Information concerning the prior criminal record of a decedent or a witness.

(3) Notwithstanding any other provision of this section, for the purposes of this section, a peace officer does not make an extrajudicial statement by providing:

(a) Information contained in a public record;

(b) The identity, age, residence, occupation, and family status of an accused person;

(c) The type of call as reported; the charges included in a complaint, indictment, or information; and the approximate location of the offense;

(d) That an investigation of a criminal matter is in progress, the identity of the investigating and arresting officers or agencies, and the length of the investigation;

(e) The scheduling or result of an official action, including the amount of bond;

(f) A request for assistance in obtaining evidence and information necessary to the investigation;

(g) A warning of danger concerning the behavior of a person involved when there is reason to believe that the likelihood of substantial harm to an individual or to the public interest exists;

(h) The fact, time, and place of arrest and the circumstances immediately surrounding the arrest, including resistance, pursuit, and possession and use of weapons, and a description of physical items seized at the time of arrest;

(i) If the accused has not been apprehended, information necessary to aid in the apprehension of that person, including the issuance of any warrants; and

(j) Information that the peace officer reasonably believes is in the interest of the fair administration of justice and the law enforcement process in a particular case, with the prior written approval of the chief of police, sheriff, or chief law enforcement officer of the agency. Prior written approval is not required if the chief of police, sheriff, or chief law enforcement officer of the agency is providing the information.

(4) The production of a video for purposes of a community or critical incident briefing must provide a disclaimer indicating that the recording has been modified from its original form. Narration or text must be limited to the facts of the incident known at the time of the recording and must not include editorial commentary that is opinion or that provides a legal conclusion as to criminality, liability, or misconduct. Augmentation or enhancement to highlight aspects of a video, as well as blurring done to protect substantial privacy interests, must be readily perceptible or indicated by an appropriate disclaimer.

Source: L. 2026: Entire part R&RE, (SB 26-190), ch. 337, p. 2050, § 4, effective June 3.

PART 4

SUPPORT FOR PEACE OFFICERS INVOLVED IN A USE OF FORCE