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Colorado Rights Blog

HB16-1262: Law Enforcement Background Check Employment Waiver

Bill Number: HB16-1262
Year: 2016
ACLU Position: Support
Sponsors: A. Williams / J. Cooke

Description:

Each law enforcement agency in the state that interviews a
candidate for a peace officer position who has worked at another law
enforcement agency or in private security shall require the candidate to
execute a waiver. The waiver will allow the candidate’s previous law
enforcement agency or private security company employers to disclose all
files pertaining to the applicant, including internal affairs files, to the
interviewing agency and releases the interviewing agency and each law
enforcement agency or private security company that employed the
candidate from any liability related to the use and disclosure of the files.
The interviewing agency must submit the waiver to each law enforcement
agency or private security company at least 10 days before making a
hiring decision. A state or local law enforcement agency or private
security company that receives a waiver shall provide the disclosure to the
Colorado law enforcement agency that is interviewing the candidate not
more than 7 days after such receipt.
The bill requires a P.O.S.T. certification applicant who has worked
at another law enforcement agency to execute the same waiver as
described above.
Under current law, the P.O.S.T. board must deny certification to
a person who was convicted of any felony and certain misdemeanors. The
bill gives the P.O.S.T. board the authority to deny certification to a person
who entered into a deferred judgment, deferred prosecution, diversion
agreement, or deferred adjudication for any of those crimes or had a
juvenile adjudication for any of those crimes.


Current Status:

Governor Signed (06/10/2016)



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