Aurora, Denver and police agencies across the state have shown that transparency in how law enforcement operates, and especially when a life is lost during police intervention, is critical to the public’s trust.
Senate Bill 26-290 moved that important goal ahead, and Gov. Jared Polis should sign it.
Contrary to the claims of critics, SB 290 isn’t radical, or anti-police or a way to stymie law enforcement investigations.
It is a long-overdue recognition that when someone dies at the hands of police, families and the public deserve timely, factual information instead of bureaucratic stonewalling, selective narratives and endless delays.
That’s been the history here in Aurora and across the state as families of those who’ve died at the hands of police.
News media have also been waylaid in efforts to inform the public on details linked to officer-involved deaths. The Sentinel and media across the state have had to accommodate a wide range of capricious rules and regulations just to see unaltered video evidence for themselves.
In Colorado — and especially in Aurora — lawmakers should not need to explain why transparency matters.
The state’s painful history surrounding police encounters, from the death of Elijah McClain to more recent controversies involving the Aurora Police Department, has already demonstrated the corrosive damage caused when authorities appear more interested in controlling public perception than disclosing facts.
SB-290 offers a pragmatic and consistent protocol for disclosure. That alone makes it necessary.
Under the bill, agencies would be required to provide immediate family members with unedited body camera and dashboard camera footage within 21 days after an officer-involved death. Families would no longer be forced to plead or sue for basic information while rumors, edited videos and official narratives circulate publicly ahead of verified facts.
The reform is badly needed.
In testimony on the bill, families described waiting weeks or months for information while agencies released curated videos and selective commentary to shape public opinion.
The legislation also wisely reins in inflammatory or editorialized commentary by officers and agencies built into video replays in the immediate aftermath of deadly force incidents, turning police shootings into info-tainment reels on social media.
Police-generated “community briefing” videos too often blur the line between evidence and advocacy, effectively trying cases in public before investigations conclude. SB-290 appropriately requires disclaimers when footage is edited and prohibits subjective statements designed to prejudice public perception.
The measure, however, is not designed to preclude police from providing details about police actions or crimes, it encourages it.
SB-290 is created to prevent police from going beyond the facts and details of the case in what have been clear-cut efforts to try cases in the court of public opinion.
The public’s trust in policing depends heavily on whether agencies appear transparent, consistent and accountable when something goes wrong. Communities do not lose faith merely because officers use force. They lose faith when officials appear evasive, manipulative or more concerned about institutional protection than public disclosure.
While the bill helps address that crisis of confidence, one mistake still needs legislative attention.
As the Colorado Freedom of Information Coalition correctly pointed out during the legislative session, that the measure continues to require “a complaint of peace officer misconduct” before journalists and the broader public can obtain certain unedited recordings and records.
The requirement is unnecessary and counterproductive, causing transparency problems when the law works to clear them up.
If someone dies during a police encounter, transparency should not hinge on whether a grieving family member, witness or member of the public knows enough about Colorado law to file a formal misconduct complaint. Forcing a member of the media to file such a complaint is unethical for the reporter.
Police can simply hide behind the claim that “no complaint was filed,” even in cases where public interest plainly demands disclosure.
Colorado has already seen agencies exploit loopholes in existing law to deny access to footage involving deadly force. SB-290 improves the process substantially, but lawmakers weakened the bill by preserving this avoidable impediment.
Polis should sign the legislation anyway.
The bill moves Colorado in the right direction by preventing further contrived delays in releasing critical information to families and communities. It establishes predictable timelines, clearer standards and stronger protections against manipulative public messaging.
Most importantly, it recognizes that transparency after a police killing is not optional. It is essential, and it’s the law.