NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1263
      
      
      BY REPRESENTATIVE(S) Williams, Salazar, Becker K., Buckner,
      Danielson, Duran, Esgar, Garnett, Hullinghorst, Kagan, Lee, McCann,
      Melton, Moreno, Pettersen, Rosenthal, Vigil, Winter, Court, Fields,
      Lebsock, Lontine, Mitsch Bush;
      also SENATOR(S) Ulibarri, Aguilar, Carroll, Guzman, Heath, Johnston,
      Jones, Kefalas, Kerr, Merrifield, Newell, Roberts, Steadman, Todd.
      
      
      Concerning updates to the statutory prohibition on profiling by
           peace officers.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby finds and declares that:
      
           (a)  The state of Colorado recognizes that law enforcement agencies
      conduct their activities in an un-biased manner. Biased practices are unfair,
      promote mistrust of law enforcement, and perpetuate negative and harmful
      stereotypes. Biased practices are ineffective.
      
           (b)  The state of Colorado finds it necessary to update its profiling
      laws that were passed into law in 2001 to reflect prohibiting profiling based
      on race, ethnicity, gender, national origin, language, religion, sexual
      orientation, gender identity, age, or disability.
      
           SECTION 2.  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 solely on race,
      ethnicity, gender, national origin, language, religion, sexual
      orientation, gender identity, age, or disability in:
      
           (a)  Determining the existence of probable cause to place in
      custody or arrest an individual or in constituting a reasonable
      and articulable suspicion that an offense has been or is being
      committed so as to justify the detention of an individual or the
      investigatory stop of a vehicle; or
      
           (b)  Determining the scope, substance, or duration of an
      investigation or law enforcement activity to which a person will
      be subjected.
      
           (3)  Profiling practices prohibited. Any peace officer certified
      pursuant to this part 3 shall not engage in Profiling as defined in
      subsection (2) of this section is prohibited; except that a peace
      officer may use age when making law enforcement decisions if the
      peace officer is investigating a juvenile status offense.
      
           SECTION 3.  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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO