5.2 SB 20-217 & Police Integrity Act Reforms: Chokehold Ban & Body-Worn Cameras
Key Takeaways
- C.R.S. § 18-1-707(2.5) strictly prohibits peace officers from using chokeholds, strangleholds, or carotid artery neck restraints under any circumstances, classifying violations as criminal assault offenses.
- Under C.R.S. § 24-31-902, all law enforcement officers who interact with the public must wear and activate body-worn cameras (BWCs) during all calls for service and enforcement contacts.
- Failure to activate or intentional tampering with a BWC creates a statutory permissible inference of official misconduct in civil and criminal proceedings, along with mandatory POST discipline.
- Unedited BWC recordings of use of force or misconduct complaints must be released to the public within 21 calendar days (or up to 45 calendar days if the DA proves substantial prejudice to an active investigation).
- C.R.S. § 24-31-905 imposes severe statutory restrictions on crowd control tactics, strictly limiting chemical agents, requiring clear dispersal orders/egress, and banning kinetic impact projectile targeting of the head, neck, pelvis, or groin.
SB 20-217 & Police Integrity Act Reforms: Chokehold Ban & Body-Worn Cameras
In June 2020, the Colorado General Assembly passed landmark legislation titled the Enhance Law Enforcement Integrity Act (Senate Bill 20-217), subsequently enhanced and clarified by House Bill 21-1250. These statutes instituted sweeping, systemic structural reforms across all Colorado law enforcement agencies. Among the most critical operational changes are the total statutory ban on neck and carotid restraints, statewide mandatory body-worn camera (BWC) deployment and public disclosure timelines, strict evidentiary sanctions for camera deactivations, and codified restrictions on crowd control tactics during First Amendment assemblies.
1. Absolute Statutory Prohibition on Chokeholds & Carotid Restraints (C.R.S. § 18-1-707(2.5))
Prior to SB 20-217, some agencies permitted vascular neck restraints (carotid holds) under high-threat control policies. Colorado law now completely and categorically bans all such techniques.
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| COMPLETE STATUTORY BAN ON NECK & CAROTID RESTRAINTS |
| (C.R.S. § 18-1-707(2.5)) |
| |
| PROHIBITED TECHNIQUES (ZERO EXCEPTIONS): |
| * CHOKEHOLD: Any pressure applied to the trachea, windpipe, or neck |
| that inhibits or impedes normal breathing or air intake. |
| * CAROTID ARTERY RESTRAINT / VASCULAR RESTRAINT: Any hold or grip |
| that compresses the carotid arteries to restrict blood flow to |
| the brain to induce unconsciousness. |
| * STRANGLEHOLD / LATERAL VASCULAR RESTRAINT (LVNR) |
| |
| CRIMINAL & CIVIL CONSEQUENCES FOR OFFICER: |
| * Criminal Prosecution: Assault (Title 18), Class 4 Felony for SBI, |
| or Manslaughter / Murder for resulting fatality. |
| * Automatic POST Revocation: Mandatory decertification under Rule 8. |
| * Loss of Immunity / Personal Liability under C.R.S. § 13-21-131. |
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Statutory Definition and Scope (C.R.S. § 18-1-707(2.5))
"A peace officer shall not use a chokehold, carotid artery neck restraint, or other similar hold upon another person. For purposes of this subsection, 'chokehold' means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce intake of air."
Positional Asphyxia & Torso Compression Mandates
In addition to neck holds, Colorado POST standards and statutory reforms prohibit officers from maintaining a handcuffed subject in a prone position (face down on the stomach) with compressive weight on the back, thoracic cavity, or torso. Once a combative suspect is secured in handcuffs:
- Officers must immediately transition the person to a recovery position (seated upright or rolled onto their side);
- Officers must continuously monitor airway, breathing, and consciousness;
- Leaving a restrained suspect prone with knees or body weight on their back constitutes unlawful reckless conduct causing positional asphyxia.
2. Body-Worn Camera (BWC) Statewide Mandates (C.R.S. § 24-31-902)
Under C.R.S. § 24-31-902, all local law enforcement agencies, campus police departments, and the Colorado State Patrol must equip all peace officers who interact with the public with functioning body-worn cameras (BWCs).
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| COLORADO BODY-WORN CAMERA (BWC) STATUTE |
| (C.R.S. § 24-31-902) |
| |
| MANDATORY ACTIVATION TRIGGERS: |
| * ALL calls for service (911 dispatch, alarms, citizen reports) |
| * ALL enforcement contacts (traffic stops, Terry stops, arrests) |
| * ALL investigatory field interviews and searches |
| * ALL vehicle pursuits and tactical building entries |
| * ALL crowd control / protest enforcement operations |
| |
| PERMISSIBLE DEACTIVATION / PRIVACY EXCEPTIONS: |
| * Personal breaks / locker rooms / restrooms |
| * Explicit request by victim/witness of sexual assault or domestic |
| violence in private residence (must document refusal on camera) |
| * Discussions of tactical plans with confidential informants |
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Mandatory Recording Protocols
Peace officers must activate their BWCs from the initial inception of the contact until the entire enforcement encounter is concluded. Officers cannot pick and choose when to record based on personal discretion.
Evidentiary Sanctions & Statutory Permissible Inferences (C.R.S. § 24-31-902(1)(a)(II))
If a peace officer fails to activate their body-worn camera as required by law, intentionally turns it off, or tampers with the recording during an incident involving a use of force or complaint of misconduct:
- Permissible Jury Inference: In any criminal or civil proceeding involving the officer, the trial judge shall instruct the jury that it may draw an adverse inference that the unrecorded portion of the interaction was unlawful, improper, or that the officer engaged in the alleged misconduct.
- POST Administrative Sanctions: If the Colorado POST Board finds that an officer intentionally failed to activate, concealed, or manipulated BWC footage to hide misconduct, POST must impose mandatory certification suspension for at least one (1) full year, or permanent revocation for intentional destruction of evidence.
- Prosecutorial Disqualification (Brady Listing): Intentional failure to record or camera tampering is a severe integrity violation resulting in immediate inclusion on the District Attorney's Brady/Giglio disclosure list.
3. Public Disclosure Timelines for BWC Footage (C.R.S. § 24-31-902(2))
Colorado enacted the most stringent BWC public transparency timelines in the nation to prevent administrative concealment of critical use-of-force footage.
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| BWC PUBLIC RELEASE TIMELINE (C.R.S. § 24-31-902(2)) |
| |
| DAY 0 DAY 21 DAY 45 |
| [ Complaint Filed / ] ──────> [ MANDATORY PUBLIC ] ────> [ MAXIMUM |
| [ Incident Occurs ] [ RELEASE DEADLINE ] [ EXTENSION |
| (Unedited Video) [ (DA Motion)|
| * If release |
| would sub- |
| stantially |
| compromise |
| active Pros|
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The 21-Day Default Public Release Rule
When a complaint of peace officer misconduct is filed, or an officer uses physical force resulting in death or serious bodily injury, the law enforcement agency must release all unedited video and audio recordings from BWCs to the public within twenty-one (21) calendar days after the complaint or request is submitted.
The 45-Day Prosecutorial Extension Exception
If the District Attorney or agency determines that releasing the video within 21 days would substantially prejudice an ongoing criminal investigation or prosecution:
- The agency may delay release for a maximum period not to exceed forty-five (45) calendar days from the date of the request;
- The agency must provide written notice to the complainant explaining the specific factual basis for the delay;
- At the expiration of 45 days, the video MUST be publicly released, regardless of whether criminal charges have been formally resolved.
Permissible Redactions
Agencies may redact BWC footage prior to release only for strictly enumerated statutory purposes: blurring the faces of juveniles, uncharged third-party bystanders, confidential informants, or explicit nudity/medical treatment scenes. The substantive interactions between officers and the suspect cannot be edited or cut.
4. Crowd Control & Protest Response Restrictions (C.R.S. § 24-31-905)
Following civil demonstrations in 2020, Colorado enacted C.R.S. § 24-31-905, which strictly regulates peace officer conduct during protests, demonstrations, and First Amendment assemblies.
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| STATUTORY CROWD CONTROL RESTRICTIONS (C.R.S. § 24-31-905) |
| |
| CHEMICAL AGENTS (Tear Gas / CS / Pepper Spray): |
| * PROHIBITED unless an officer or commander issues REPEATED AUDIBLE |
| DISPERSAL ORDERS using amplified sound; |
| * MUST provide a CLEAR, UNOBSTRUCTED EGRESS ROUTE for the crowd; |
| * MUST allow SUFFICIENT TIME for compliance before discharge. |
| |
| KINETIC IMPACT PROJECTILES (Rubber Bullets / 40mm Foam / Beanbags): |
| * ABSOLUTE PROHIBITION against aiming or targeting the HEAD, NECK, |
| FACE, PELVIS, or GROIN of any person; |
| * PROHIBITED from firing indiscriminately into a crowd; |
| * May only be targeted at specific individuals engaging in violent |
| criminal acts threatening imminent bodily injury. |
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5. Comprehensive Summary Matrix: SB 20-217 & HB 21-1250 Mandates
| Reform Area | Pre-SB 20-217 Practice | Current Colorado Statutory Standard (Post-Reform) |
|---|---|---|
| Neck / Carotid Restraints | Permitted under departmental policy for high-level resistance. | Total Statutory Ban (C.R.S. § 18-1-707(2.5)); felony assault if violated. |
| Body-Worn Cameras | Optional; agency-discretionary policies. | Mandatory statewide for all public-contact officers (C.R.S. § 24-31-902). |
| BWC Deactivation Sanction | Internal departmental reprimand. | Adverse jury inference in court + mandatory POST suspension (C.R.S. § 24-31-902). |
| Public Release Timeline | Months or years; controlled by agency discretion. | Mandatory release within 21 days (max 45 days with DA delay). |
| Kinetic Projectiles (Crowd) | Discretionary tactical deployment. | Strictly prohibited against head, neck, face, pelvis, groin (C.R.S. § 24-31-905). |
| Chemical Agents (Crowd) | Tactical deployment on unlawful assemblies. | Audible warning + clear egress path + reasonable time required prior to use. |
During a large civil rights demonstration on a public plaza, a peaceful crowd refuses to disperse after curfew. Without issuing an audible warning over an acoustic amplifier or providing an open egress route, a tactical squad commander orders officers to immediately launch CS tear gas canisters and fire 40mm direct-impact foam batons into the center of the crowd, resulting in a protestor suffering a fractured skull from a direct head strike. Under C.R.S. § 24-31-905, which statement correctly identifies the statutory violations committed?
An officer conducts a traffic stop on a suspected impaired driver. As the driver steps out of the vehicle and questions the stop, the officer becomes angry, deliberately reaches up, and manually powers off their body-worn camera. A physical altercation ensues, resulting in the driver suffering a fractured orbital bone and dislocated elbow. During the driver's subsequent civil rights lawsuit against the officer, what mandatory legal consequence applies under C.R.S. § 24-31-902(1)(a)(II)?
A local news organization files a formal public records request on September 1st for unedited BWC footage of an officer-involved shooting involving allegations of excessive force. The law enforcement agency refuses to release the video, claiming that internal departmental policy allows withholding video until internal affairs completes its investigation six months later. The District Attorney has NOT filed a motion asserting that release would prejudice an active prosecution. Under C.R.S. § 24-31-902(2), what is the statutory deadline for releasing the footage?