House Democrats have introduced a bill they say will increase protections for law enforcement members who report the alleged misconduct of their peers, but opponents said the sponsors never consulted public safety organizations, arguing it singles out the “law enforcement” profession for possible prosecution.

House Bill 1460 requires law enforcement agencies to investigate any allegations of misconduct or criminal conduct involving their officers. Law enforcement officers are also obligated to report any misconduct by their colleagues and failure to do so would constitute a Class 2 misdemeanor punishable by up to 120 days in jail or fines of up to $750.

The bill also affords an officer subject to discipline for whistleblowing a private right of action.

Bill sponsor Rep. Leslie Herod, D-Denver, said she has heard from several law enforcement officers who faced retaliation after speaking up, including McKinzie Rees, a former Edgewater Police Department officer assaulted by a colleague, who pleaded pleaded guilty to unlawful sexual contact under a plea agreement. 

While Rees was forced to resign from her position and placed in a database that barred her from ever serving as an officer again, the accused was hired by another department. That department eventually found out what he did and fired him. Earlier this month, he was sentenced to four years of probation.

“This bill supports law enforcement officers who have come to me, who have blown the whistle on inappropriate conduct of fellow officers, including rape, and ensuring that there is no retaliation against those who come forward to seek justice,” Herod said. 

Herod said the bill protects whistleblowers, like Rees, against retaliation for reporting their colleagues’ misconduct. It also clarifies the criteria for an officer to be included in the database established under a 2020 law that Herod co-sponsored. Designed initially to catalog officers who have been reported for excessive force, Herod said some departments have misused the database to retaliate against whistleblowers. This new bill would allow the Attorney General to audit the database, rectifying the current lack of oversight, she said. 

Although the bill’s sponsors maintain the measure supports law enforcement, the state’s primary law enforcement organizations oppose it, saying the provisions were not discussed with officers before the bill was introduced.

A joint statement by Colorado Fraternal Order of Police President Stephen Schulz and County Sheriffs of Colorado Executive Director Amy J. Nichols criticized the bill’s “11th-hour” introduction.

“With only 20 days left in this year’s legislative session, and without any engagement with public safety experts from any law enforcement organization in the state, the far left of the Democratic party suddenly introduced HB24-1460, which would create a new criminal charge for peace officers if they fail to report ‘unprofessional conduct’ or ‘misconduct’ of another officer,” they said.

While law enforcers stand against both “unprofessional conduct” and “misconduct” of peace officers, the bill, as introduced, unnecessarily singles out one profession — law enforcement — for prosecution, they said.

It marks the first time any “occupation would be subject to criminal penalties for failing to report speculative violations of undefined conduct,” the opponents added.

Extensive guardrails already exist to prevent and address police misconduct and hold bad actors accountable, they said, arguing that adding new rules targeting police who may or may not be “reasonably aware” of another officer’s possible misconduct appears more punitive than solution-oriented.

When asked about law enforcement’s objection to the bill, Herod said she would be more than willing to negotiate “in the public” and try to find common ground. 

“People are coming forward with some pretty egregious offenses. Whistle-blowing is not easy. We saw what happened to the Boeing whistleblower. These officers are very worried, but they’re also willing to make the profession better, and we should support that,” she said. 

The bill would also prohibit law enforcement agencies from imposing fees for releasing body camera footage.

While the 2020 “Police Integrity Transparency and Accountability Act” requires departments to release body camera footage in cases of officer misconduct complaints, it does not address fees associated with acquiring that footage.

Jeff Roberts of the Colorado Freedom of Information Coalition said some agencies have charged excessive fees to individuals or entities requesting the footage.

Earlier this month, Yellow Scene Magazine filed a lawsuit against the Boulder Police Department after being quoted nearly $3,000 for access to footage related to a 2023 fatal officer-involved shooting. Roberts said this is not the first time he has seen a police department impose steep fees for body camera footage since the 2020 law was enacted. 

“It’s definitely an issue, and it makes the Law Enforcement Integrity Act not as powerful,” Roberts said. “It was hard to imagine the sponsors intended for the public to have to pay thousands of dollars for that footage. It kind of defeats the purpose.”

The fees imposed by law enforcement agencies for body camera footage typically pay for expenses such as time spent editing and reviewing footage. If HB 1460 passes, it is unclear who would bear the costs.   

The bill, which is co-sponsored by Rep. Jennifer Bacon, D-Denver, will be heard before the House Judiciary Committee on Tuesday.