HOUSE
                       3rd Reading Unamended
       April 14, 2015          HOUSE
       Amended 2nd Reading
                      April 13, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0394.01 Michael Dohr x4347   HOUSE BILL 15-1288
                    HOUSE SPONSORSHIP
 Williams,  Becker K., Buckner, Fields, Kagan, Lebsock, McCann, Melton, Pettersen,
 Salazar, Winter
 
                   SENATE SPONSORSHIP
 Carroll,  Guzman
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning updates to the statutory prohibition on
            profiling.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under current law, there is a prohibition against profiling by a
       peace officer. The bill adds to the prohibition by updating the definition
       of profiling and describing additional prohibited activities related to
       profiling.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 24-31-309, amend
       (2) and (3) as follows:
            24-31-309.  Profiling - officer identification - training.
       (2)  Definitions. For purposes of this section, "profiling" means the
       practice of detaining a suspect based on race, ethnicity, age, or gender
       without the existence of any individualized suspicion of the particular
       person being stopped the practice of relying, to any degree, on
       race, ethnicity, color, national origin, nationality, language,
       sex, gender identity, sexual orientation, socioeconomic status,
       age, or disability in:
            (I)  Selecting a person to be subject to routine or
       spontaneous investigatory activities, including interviews,
       detentions, traffic stops, pedestrian stops, frisks and other
       types of bodily searches, or searches of personal or real
       property; or
            (II)  Determining the scope, substance, or duration of
       investigation or law enforcement activity to which a person
       will be subjected.
            (3) Profiling practices prohibited. (a)  Any A peace officer
       certified pursuant to this part 3 shall not engage in profiling.
            (b)  Except when reasonable and articulable suspicion
       exists, a peace officer shall not:
            (I)  Keep a person detained beyond the time necessary to
       issue a citation, enforce a court order, or address a violation of
       criminal law; or
            (II)  Ask questions of a person detained beyond the scope
       necessary to issue a citation, enforce a court order, or address
       a violation of criminal law.
                 
            (c)  Nothing in paragraph (a) or (b) of this subsection (3)
       may be interpreted to prohibit a peace officer or a law
       enforcement agency from relying on physical descriptions,
       including sex, race, ethnicity, and color, to select a person to be
       subject to investigatory activity or determine the scope,
       substance, or duration of investigation when:
            (I)  Seeking to apprehend a specific suspect; and
            (II)  There exists trustworthy       information, relevant to
       the locality and time frame, that links that person to an
       identified criminal incident or scheme.
            (d) (I)  If evidence is obtained in violation of paragraph (a)
       or (b) of this subsection (3), a court shall not admit or consider
       that evidence in a judicial proceeding.
            (II)  If a court suppresses evidence or dismisses a case as a
       result of a violation of this subsection (3) or profiling
       exclusively to obtain evidence to make an arrest without
       reasonable cause or articulable suspicion, the law enforcement
       agency that employs the peace officer who made the arrest or
       issued the citation shall host a profiling training session
       provided by the state, to educate the department's peace
       officers on community relationship building and alternatives to
       profiling.
            (e)  No one shall interpret anything in this section to
       expand the jurisdiction or authority of a peace officer or law
       enforcement agency.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.