CO HB1286

Amends Colorado Revised Statutes 16-5-209 to create a lower threshold for court-ordered prosecution in police misconduct cases resulting in serious bodily injury or death.

For police misconduct cases with serious injury or death, courts may require prosecution if the decision not to prosecute was an "abuse of discretion," rather than the current standard of "arbitrary or capricious and without reasonable excuse."

Maintains existing authority for all other alleged offenses to be prosecuted only when the refusal to prosecute is found to be arbitrary or capricious and without reasonable excuse.

Special prosecutors appointed under this section must be selected from full-time district attorneys or deputy district attorneys in other judicial districts, or private attorneys with chief justice approval, and receive compensation per section 20-1-308, C.R.S.

Includes a safety clause declaring the act necessary for the immediate preservation of public peace, health, and safety.