1. (1) The P.O.S.T. board shall create and maintain a database in a searchable format to be published on its website containing information related to a peace officer's:

   1. (a) Untruthfulness;
   2. (b) Three or more failures to follow P.O.S.T. board training requirements within ten consecutive years;
   3. (c) Revocation of the certification by the P.O.S.T. board, including the basis for the revocation;
   4. (d) Termination for cause by the peace officer's employer;
   5. (e) Resignation or retirement while under investigation by the peace officer's employing organization or another law enforcement agency in which the alleged misconduct, if sustained, would more likely than not result in being entered into the database pursuant to this section;
   6. (f) Resignation or retirement following an incident that leads to the opening of an investigation by the peace officer's employing organization or another law enforcement agency in which the alleged misconduct, if sustained, would more likely than not result in being entered into the database pursuant to this section, within six months after the peace officer's resignation or retirement;
   7. (g) Resignation in lieu of termination for cause;
   8. (h) Being charged with a crime that could result in revocation or suspension of certification pursuant to section 24-31-305 or 24-31-904. The employing organization shall notify the P.O.S.T. board of the filing of criminal charges as soon as practicable, in a manner prescribed in P.O.S.T. board rule.
   9. (i) Actions as described by the applicable statutory provision identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I).
2. (2) If a law enforcement agency reports a peace officer pursuant to either subsection (1)(e) or (1)(f) of this section, the peace officer, upon request, is entitled to a show cause hearing with the director of the P.O.S.T. board or their designee. The P.O.S.T. board shall obtain records from the reporting organization for the purpose of the show cause hearing and shall provide all records provided by the reporting organization to the appellant peace officer. Pursuant to the requirements of this section, the records of any employing organization, or former employing organization, that are submitted for review by the P.O.S.T. board and the appellant peace officer for the purposes of this show cause hearing remain the property of the reporting organization and are not subject to public release.

3. (3)

   1. (a) Law enforcement agencies shall report to the P.O.S.T. board the information required in subsection (1) of this section in a format determined by the P.O.S.T. board. The P.O.S.T. board shall not include information in the database if the information is received from an agency that does not employ or has not employed the peace officer who is the subject of the information. Notwithstanding any other provision to the contrary, the P.O.S.T. board may enter reports into the database on behalf of an organization. The head of the law enforcement agency providing the report shall certify the accuracy of the information in the report. A knowing or willful failure to submit the information or certification or a knowing or willful submittal of false or inaccurate information is subject to a fine imposed by the P.O.S.T. board. When a failure to submit the information or certification or submittal of false or inaccurate information is determined, the P.O.S.T. board shall refer the matter to the appropriate district attorney and request the district attorney to conduct a criminal investigation.
   2. (b) After receiving a notification and upon request of the P.O.S.T. board, the law enforcement agency providing the report shall provide the P.O.S.T. board with all documents relevant to the investigation or cause for which the officer was placed in the database. If a law enforcement agency refuses to provide the records pursuant to this subsection (3), the P.O.S.T. board may subpoena the records. If the court or administrative law judge grants the subpoena, and subsequently does not grant a motion to quash the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
   3. (c) If the P.O.S.T. board received information regarding an incident involving a peace officer that would require a report pursuant to subsection (1) of this section, the organization employing the peace officer shall provide the P.O.S.T. board with all documents relevant to the incident upon request of the P.O.S.T. board. If a law enforcement agency refuses to provide the records pursuant to this subsection (3), the P.O.S.T. board may subpoena the records. If the court or administrative law judge grants the subpoena, and subsequently does not grant a motion to quash the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
   4. (d) The records of any law enforcement agency that are submitted for review by the P.O.S.T. board for the purposes of this subsection (3) remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.

4. (4)

   1. (a) The P.O.S.T. board shall create an appeal process for a peace officer to appeal the officer's inclusion in the database created in this section. The appeal must be conducted pursuant to the provisions of this section and P.O.S.T. board rules. The P.O.S.T. board shall give consideration to an officer's whistle blower status during the appeal. When a peace officer is added to the database, the P.O.S.T. board shall provide the peace officer with information about how to appeal that action on its website. If a peace officer initiates an appeal pursuant to this subsection (4), the reporting agency shall provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database upon request of the P.O.S.T. board. If a law enforcement agency refuses to provide the records pursuant to this subsection (4), the P.O.S.T. board may subpoena the records. If the court or administrative law judge grants the subpoena, and subsequently does not grant a motion to quash the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
   2. (b) The records of any law enforcement agency that are submitted for review by the P.O.S.T. board for the purposes of subsection (4)(a) of this section remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.
   3. (c) If a peace officer appeals inclusion in the database pursuant to either subsection (1)(e) or (1)(f) of this section and the peace officer's organization completed its investigation of the officer's conduct after the officer resigned and the organization cleared the officer, the officer may use that determination in their appeal.
5. (5) If a law enforcement agency reports information required pursuant to subsection (1) of this section and subsequently determines the entry was in error and informs the P.O.S.T. board of the error regardless of when the error occurred, the P.O.S.T. board shall remove the entry from the database after the P.O.S.T. board determines the entry was in error.
6. (6) For purposes of this section, untruthfulness means a peace officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.

Source: L. 2025: Entire section added, (HB 25-1136), ch. 333, p. 1724, § 2, effective May 31.