HB 15-1290 Summary

• Creates a civil right of recovery against a peace officer's employing law enforcement agency if an officer unlawfully destroys, damages, seizes, or intentionally interferes with a person's lawful recording of a police-involved incident.

• Establishes a claim process where property owners can submit an affidavit to the law enforcement agency within 30 days, with a $500 statutory value for any damaged or destroyed recording, plus replacement costs for the device.

• Allows civil lawsuits against law enforcement agencies if a claim is denied, with potential damages including actual replacement value, $500 for destroyed recordings, court costs, and up to $15,000 in punitive damages plus attorney fees if denial was made in bad faith.

• Grants individuals the right to lawfully record police-involved incidents and maintain custody of recordings and devices, prohibiting seizure without consent, search warrant, subpoena, or lawful exception to the warrant requirement.

• Permits temporary seizure of recording devices for up to 72 hours without a warrant only when exigent circumstances exist to save a life or prevent destruction of evidence while obtaining a warrant; requires officers to request voluntary transfer or electronic copying of recordings when practicable.