SB 20-217, known as the Enhance Law Enforcement Integrity Act, passed into law in 2020, changed how law enforcement is held accountable in Colorado. This law eliminates qualified immunity for police officers and helps protect civil rights under the Colorado Bill of Rights. It gives people a new way to seek justice if their rights are violated by law enforcement.
Similar to its federal counterpart, 42 U.S.C. § 1983, C.R.S. § 13-21-131 allows individuals to bring civil lawsuits against law enforcement officers who violate their rights. This means officers can be held responsible for violating the rights protected by Colorado’s Bill of Rights.
These changes are important for anyone living in or concerned about Colorado. The rules on police methods, how people are protected, and how the courts handle these cases have all changed with this law.
Civil Rights Protections and Colorado Bill of Rights
SB 20-217 changed civil rights law in Colorado by increasing protections for individuals. It gave people new ways to bring civil actions against law enforcement for violations of their rights.
Expansion of Civil Rights Under C.R.S. § 13-21-131
C.R.S. § 13-21-131 lets people sue state and local police officers who violate the Colorado Bill of Rights. Officers can be sued for actions that deny any constitutional rights, freedoms, or protections guaranteed by article II of the Colorado Constitution.
This statute covers a wide range of rights, including freedom from unreasonable searches, excessive force, freedom of speech, due process, malicious prosecution, false arrest, and equal protection. Unlike before, people no longer need to rely only on federal courts for civil rights lawsuits. Colorado courts now provide a state-level way to address rights violations.
The law applies to cases starting after July 1, 2020. It ensures that plaintiffs can hold officers accountable even if federal qualified immunity would normally protect the officer.
Civil Lawsuit Provisions Against Law Enforcement
Pursuant to C.R.S. § 13-21-131, individuals can file lawsuits directly against officers in state court for violating civil rights. You can also include these state law claims in any lawsuit filed in federal court.
There is a 2 year statute of limitations for claims pursuant to C.R.S. § 13-21-131. That means that claims must be filed within 2 years of when they accrue.
Key aspects include:
- No “qualified immunity” defense for officers
- Lawsuits can be filed in Colorado state courts
- Relief includes compensatory damages, attorney fees, and costs
- There are no limitations on damages or attorney fees for prevailing plaintiffs
- Much quicker adjudication in state court
- The Colorado Governmental Immunity Act does not apply
- Municipalities are required to pay the judgments against their officers
- Officers found liable can lose their certification
Overview of SB 20-217 and the Enhance Law Enforcement Integrity Act
SB 20-217, known as the Enhance Law Enforcement Integrity Act, was enacted in Colorado during 2020. It introduced new standards for police conduct and accountability, especially regarding civil rights violations. These changes affect how officers are held responsible and protect the rights of citizens under state law.
Purpose and Legislative Background
The main goal of SB 20-217 was to address growing public concern over police violence and racial injustice. Lawmakers wrote this bill soon after nationwide protests over several high-profile police incidents.
Passed in June 2020, the Act aimed to increase transparency and accountability in law enforcement. Colorado joined other states looking to reform policing practices. The law also intended to strengthen protections for civil rights by lowering legal barriers for people seeking justice after experiencing police misconduct.
The Colorado General Assembly cited the need to rebuild public trust in law enforcement. They wanted to ensure both officers and agencies faced consequences for wrongful actions.
Key Provisions of SB 20-217
SB 20-217 introduced several new requirements and restrictions on law enforcement. Some of the most important provisions include:
- Body-worn cameras: Officers must now use body cameras during interactions with the public or when conducting investigative activity. The law also required all departments to implement body worn cameras. Prior to the law, some police agencies in Colorado had body cameras but others did not.
- Bans on certain holds: The law banned chokeholds and carotid holds.
- Duty to intervene: Officers are required to step in if they see another officer violating the constitutional rights of another person.
- Qualified immunity banned: C.R.S. § 13-21-131 prohibits the defense of qualified immunity.
Looking Forward
C.R.S. § 13-21-131 is a landmark and groundbreaking law on the front lines of protecting civil rights. Almost no states in America have such a protection. However, since the law is so new, it’s contours and application are continuously being litigated. Along with many terrific civil rights lawyers in Colorado, Weatherly McConnell is proud to be on the front lines of this groundbreaking effort.