Bill > HB1290

This bill, titled "Stop Police Interference Cop Incident Recordings," establishes new rights and remedies for individuals who record incidents involving law enforcement officers in Colorado. It creates a right of recovery against a law enforcement agency if a peace officer unlawfully destroys or seizes a recording or recording device, intentionally interferes with lawful recording attempts, retaliates against someone for recording, or refuses to return a recording device within a reasonable time without legal justification. If a peace officer engages in such conduct, the aggrieved person can submit an affidavit to the agency detailing the incident and damages, and the agency has 30 days to pay the requested amount or issue a written denial. If denied, the person can file a civil lawsuit for actual damages, including the replacement cost of the device and $500 for a damaged or destroyed recording, with the possibility of punitive damages and attorney fees if the denial was made in bad faith. The bill also clarifies that individuals have the right to lawfully record any incident involving a peace officer and maintain custody of the recording and device, and officers cannot seize these without consent, a warrant, or other lawful grounds, though temporary seizure for up to 72 hours is allowed under specific exigent circumstances to obtain a warrant. This new law will take effect one year after its passage.