The Denver Post

Colorado is a step away from history with police reform bill

- By Saja Hindi

Tears streamed down Colorado lawmakers’ faces as House Speaker KC Becker, choking up, read the final vote tally.

52-13.

House members passed a bill Friday that promises to bring sweeping changes to policing in the state, and it was expected to get a final vote in the Senate later in the evening. A dozen House Republican­s joined all Democratic representa­tives in voting for the bill.

“I am feeling incredibly proud and grateful that this legislativ­e body has stood up and listened to the protesters and listened to the families and said, ‘We’re going to do something about this injustice in our society, and we’re going to start today,’ ” Rep. Leslie Herod, a Denver Democrat, said after the vote.

The bill passed the Senate 32-1 this week,

and Gov. Jared Polis said he will sign it.

The House vote came after lawmakers spent nearly two hours Friday sharing personal experience­s they and their loved ones have had with law enforcemen­t and the need for accountabi­lity to keep black and brown communitie­s in Colorado safe. Several stressed that the bill isn’t about demonizing good cops but about holding those entrusted with protecting their communitie­s accountabl­e.

Prior to Friday’s vote, lawmakers debated the bill for hours in the House and Senate, and committees heard testimony from families of victims and representa­tives of law enforcemen­t.

Senate Bill 217 was introduced in the wake of George Floyd’s death at police hands in Minneapoli­s and the protests that followed, but lawmakers stressed that the issues are not new and are very much Colorado issues, too.

Among the biggest changes, the bill requires all officers to use body cameras and to release footage to the public within 45 days. It bans the use of choke holds and carotid control holds and limits when police are allowed to shoot at a person who is running away from them, commonly referred to as the “fleeing felon” statute.

Officers would need objective justificat­ion to make stops. They would be required to intervene when seeing other officers using excessive force or face a criminal charge. And officers could be sued in their personal capacities and held personally liable up to $25,000 for constituti­onal violations, removing the “qualified immunity” protection that previously didn’t allow it. The bill also restricts the force officers can use on protesters and changes the standards for deadly force.

The bill requires agencies to report data annually so issues can be identified and addressed. It entrusts the Peace Officer Standards and Training board to decertify officers who are fired for excessive force so they aren’t able to get rehired by another department. It tasks the POST board and Department of Criminal Justice to conduct independen­t reviews on shootings by police.

Herod said she wants to tell Coloradans and the people of Denver that Senate Bill 217 passed because they showed up, protested and demanded change, which helped push the legislatio­n forward. But most

importantl­y, she said, it honors families such as those of Elijah McClain and De’Von Bailey. McClain died after a violent arrest by Aurora police in August, and Bailey was shot and killed by Colorado Springs police in December.

Although the Republican­s who voted against the policing bill cited concerns with how quickly it was pushed through — the bill was introduced just nine days earlier — supporters said these issues have been studied and worked on for years, but the political will to pass them just wasn’t there. They also worked with law enforcemen­t and groups that would be affected throughout the process.

“Our communitie­s are tired. And we have been asking for change for generation­s. Now is the time,” said sponsor Rep. Serena Gonzales-Gutierrez, DDenver.

House Republican­s who voted in favor of the bill said they were convinced by not only the stories shared but the need to hold accountabl­e those entrusted with protecting their communitie­s. Republican­s previously opposed to the bill changed their minds after sponsors worked with them and stakeholde­rs to make changes, they said.

House Minority Leader Patrick Neville, R-Castle Rock, said he was voting for it because it calls for policy changes that are needed.

“It’s my prayer that this bill will be a step forward, and that’s why I’m voting yes,” he said.

Still, not every Republican was on board. Rep. Rod Bockenfeld of Watkins questioned the bill’s impact on officers on the street, saying many worry about whether they can continue to work in Colorado.

After discussion­s and some changes, law enforcemen­t organizati­ons came out in support of the bill.

“As difficult as this legislativ­e process has been, we really do believe this is going to make us better,” Steve Schulz, president of the Colorado Fraternal Order of Police, said in a statement.

“We are committed to keeping the lines of communicat­ion open between law enforcemen­t agencies, the communitie­s we serve and lawmakers so that we can continue to work together and make necessary changes before crises arise.”

Thirteen House Republican representa­tives voted against the bill: Bockenfeld; Mark Baisely of Roxborough Park; Perry Buck of Windsor; Terri Carver, Larry Liston, Shane Sandridge and Dave Williams of Colorado Springs; Colin Larson of Littleton; Hugh McKean of Loveland; Rod Pelton of Cheyenne Wells; Lori Saine of Firestone; Matt Soper of Delta; and Perry Will of New Castle.

The Democratic governor applauded its passage.

“This is about a pattern of injustice and unfair treatment that Black Americans and communitie­s of color have endured, not only in our criminal justice system but also in aspects of everyday life,” Polis said in a statement.

 ?? Kathryn Scott, special to The Denver Post ?? Sheneen McClain, third from left, the mother of Elijah McClain, is supported by her attorney Mari Newman, second from left, as family members watch the police reform bill, Senate Bill 20-217, pass the House with bipartisan support. Elijah McClain was killed by Aurora police in August 2019. The Rev. Promise Lee, left, represente­d the family of De'Von Bailey, who was killed by Colorado Springs police.
Kathryn Scott, special to The Denver Post Sheneen McClain, third from left, the mother of Elijah McClain, is supported by her attorney Mari Newman, second from left, as family members watch the police reform bill, Senate Bill 20-217, pass the House with bipartisan support. Elijah McClain was killed by Aurora police in August 2019. The Rev. Promise Lee, left, represente­d the family of De'Von Bailey, who was killed by Colorado Springs police.
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