CO SB166

The P.O.S.T. Board shall revoke a peace officer's certification if the officer knowingly made an untruthful statement or omitted a material fact on official criminal justice records, while testifying under oath, or during internal affairs or administrative investigations.

A law enforcement agency must complete an administrative investigation using its published policies and determine by clear and convincing evidence that the officer made the untruthful statement or omission; the officer must then exhaust or decline internal appeal rights before the P.O.S.T. Board acts.

The reporting law enforcement agency submits findings to the P.O.S.T. Board on a prescribed form, with the official attesting under penalty of perjury that statements are true and complete; false statements may result in revocation of the official's certification and criminal prosecution.

The certificate holder has the right to request a show cause hearing before the P.O.S.T. Board and may appeal to the full board or seek judicial review; if a court subsequently reverses or vacates the finding, the officer may request reinstatement within 45 days.

The bill appropriates $40,056 to the Department of Law from the P.O.S.T. board cash fund for 0.6 FTE to implement the act, with an effective date of August 2, 2019, subject to potential referendum petition.