Colorado § 24-31-113 - Public integrity - patterns and practices.

§ 24-31-113. Public integrity - patterns and practices.

(1) It is unlawful for a governmental authority, an agent of a governmental authority, or a person acting on behalf of a governmental authority to engage in a pattern or practice of conduct by peace officers or by officials or employees of a governmental agency that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado.

(2) Whenever the attorney general has reasonable cause to believe that a violation of this section has occurred, the attorney general, for or in the name of the state, may obtain in a civil action appropriate relief to eliminate the pattern or practice. Before filing suit, the attorney general shall notify the governmental authority or any agent thereof and provide the authority or agent with the factual basis that supports the attorney general's reasonable cause to believe a violation occurred. Upon receipt of the factual basis, the governmental authority, or any agent thereof, has sixty days to change or eliminate the identified pattern or practice. If the identified pattern or practice is not changed and permanently eliminated after sixty days, the attorney general may file a civil action. The attorney general may issue subpoenas for any purpose in conducting an investigation under this section.

(3) If a governmental authority, an agent thereof, or a person acting on behalf of a governmental authority fails to obey a subpoena issued pursuant to this section, the attorney general may apply to the appropriate district court for an appropriate order to effect the purposes of this section. The application must state that there are reasonable grounds to believe that the order is necessary to investigate a deprivation of an individual's rights, privileges, or immunities secured or protected by the United States constitution, the state constitution, or the laws of the United States or the state of Colorado. If the court is satisfied that reasonable grounds exist, the court in its order may:

(a) Require the attendance of the person, the production of documents by the person, or both; and

(b) Grant such other relief as may be necessary to obtain the person's compliance.

Source: L. 2020: Entire section added, (SB 20-217), ch. 110, p. 458, § 13, effective June 19. L. 2021: Entire section amended, (HB 21-1250), ch. 458, p. 3065, § 12, effective July 6. L. 2026: Entire section amended, (HB 26-1426), ch. 334, p. 2025, § 96, effective August 12.

Cross references: For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.

ANNOTATION

Whether this section bars intervention is a question of law reviewed de novo. State ex rel. Weiser v. City of Aurora, 2023 COA 52, 535 P.3d 988.

Nothing in this section limits intervention to entities that could have been parties at the start of the legal action. State ex rel. Weiser v. City of Aurora, 2023 COA 52, 535 P.3d 988.