Colorado HB21-1250: First Statewide Law Requiring Media Access to Encrypted Police Radio
After three consecutive years of failed attempts, Colorado lawmakers in 2021 passed the first statewide law requiring police departments with encrypted radio systems to create media access policies. While implementation challenges persist, HB21-1250 provides a legislative blueprint for other states seeking to mandate transparency.
Key Facts at a Glance
The Legislative Journey: Three Years of Persistence
Colorado's path to HB21-1250 wasn't easy. It took three consecutive legislative sessions before transparency advocates finally succeeded.
First attempt to require unencrypted dispatch communications dies in committee. Would have required radio dispatch communications to be broadcast without encryption except when tactically necessary.
Second attempt to limit encryption fails again. Bill would have required agencies to provide media access to dispatch channels.
Nationwide protests accelerate encryption adoption. Denver and Aurora police use encrypted channels to coordinate responses away from public and media scrutiny.
Republican Rep. Kevin Van Winkle successfully attaches a media access amendment to broader police accountability legislation. Bipartisan support carries it through.
Implementation challenges: Denver and Aurora fail to reach workable agreements with news organizations despite the law's requirements.
The Winning Strategy: Attach to Reform
The breakthrough came when advocates changed their approach. Instead of pursuing standalone encryption bills that died in committee, they attached transparency requirements to broader police reform legislation.
The Vehicle: HB21-1250
A broader police accountability bill that built on the major law enforcement reform measure (SB 20-217) passed in 2020. It addressed body cameras, dashboard footage releases, and whistleblower protections.
The Champion: Rep. Kevin Van Winkle
A Republican from Highlands Ranch proposed the encryption amendment during House floor debate. His simplified version of his earlier standalone bill gained bipartisan support within the broader reform package.
The Coalition: Colorado Broadcasters
The Colorado Broadcasters Association, led by CEO Justin Sasso (a Colorado FOIC board member), provided sustained advocacy and characterized the provision as "the first step toward good faith negotiations."
"This is the first step toward good faith negotiations between law enforcement and media organizations."
— Justin Sasso, Colorado Broadcasters Association CEOWhat the Law Requires
HB21-1250 created specific obligations for law enforcement agencies that use encrypted radio communications:
Create Access Policies
Agencies must create a "communications access policy" permitting news media to access primary dispatch channels.
Enable Scanner Access
Access must be available "through commercially available radio receivers, scanners, or other feasible technology."
Reasonable Restrictions Only
Policies may include credential verification and "reasonable restrictions" on monitoring equipment—but cannot block access entirely.
Seek Media Input
Before implementing policies, agencies must seek input from Colorado media members on how access will work.
The Key Legal Language
The law directs government entities with fully encrypted radio communications to "enact policies for allowing news media access to unencrypted radio transmissions." This creates an affirmative obligation—agencies cannot simply encrypt and walk away.
Implementation Challenges: The Law vs. Reality
Despite the law's clear requirements, major Colorado agencies have effectively stonewalled implementation. More than a year after passage, no news organizations had working access agreements.
Denver Police Department
Encrypted: 2019
- Developed a written policy but reached no agreements with Denver metro news organizations
- Primary obstacle: an "auditor's clause" requiring the city auditor access to news organization records
- Officials claim they "don't have the ability to remove that from any of our contracts"
- Result: Journalists still blocked from police radio access
Aurora Police Department
Encrypted: 2016
- Published policy in January 2021 with only one media inquiry received
- No news organizations have signed the access agreement
- Policy includes problematic indemnification provisions
- Result: No working agreements after years of attempts
"We've been met with stonewalling, finger pointing and runaround tactics for over a year."
— Justin Sasso, Colorado Broadcasters Association PresidentThe Impact on Journalism
The encryption problem in Colorado isn't theoretical. Journalists describe concrete harms to their ability to cover breaking news.
Delayed Coverage
"Sometimes we were an hour late to the scene, or more," reported Denver Post reporter Elise Schmelzer. Without scanner access, journalists depend entirely on official police notifications.
One-Sided Narratives
When police control the flow of information, the public only gets the official version of events. Independent verification becomes impossible in the critical first hours.
Safety Concerns
Residents in active emergency situations can't monitor scanner traffic to understand what's happening in their neighborhoods.
Why Colorado Matters: A Legislative Blueprint
Despite implementation challenges, Colorado's approach offers valuable lessons for other states:
Attach to Larger Bills
Standalone encryption bills died three years in a row. Success came when the provision was attached to broader police accountability legislation with bipartisan momentum.
Build Bipartisan Support
A Republican representative sponsored the amendment, demonstrating that transparency isn't a partisan issue. Press freedom appeals across party lines.
Coalition with Broadcasters
The Colorado Broadcasters Association provided sustained advocacy, lending credibility and media attention to the effort.
Plan for Enforcement
Colorado's law lacks strong enforcement mechanisms. Future legislation should include penalties for non-compliance and clearer deadlines.
Define "Reasonable" Narrowly
Vague language about "reasonable restrictions" has allowed agencies to impose onerous requirements. Specific, narrow definitions prevent loopholes.
Persist Through Failure
Three years of failed bills preceded success. Legislative change requires persistence—don't give up after the first rejection.
The Scope of Encryption in Colorado
More than 30 law enforcement agencies in Colorado have encrypted their dispatch communications, making HB21-1250's requirements widely applicable:
Major Encrypted Departments
- Denver Police — Encrypted since 2019
- Aurora Police — Encrypted since 2016
- Colorado Springs — Partially encrypted
- Boulder County — Encrypted
- Jefferson County — Encrypted
- Adams County — Encrypted
Overall Trend
Encryption continues to expand across Colorado's suburban and rural agencies, following the lead of Denver and Aurora. The state is trending toward increased encryption despite the 2021 law's transparency requirements.
Lessons for Other States
If your state is considering legislation to address police radio encryption, Colorado's experience offers both a model and cautionary tale:
Use Colorado's Language as a Starting Point
The requirement to create "communications access policies" for media is a good foundation. Build on it with stronger enforcement mechanisms.
Add Enforcement Teeth
Colorado's law lacks penalties for non-compliance. Include specific consequences—fines, oversight board review, or automatic access rights if agencies fail to comply.
Set Clear Deadlines
Require agencies to have working access programs within 90 days of encryption adoption, with specific milestones and public reporting.
Prohibit Poison Pills
Explicitly prohibit access agreements that require media to accept indemnification clauses or auditor access to their records.
Create a Model Agreement
Include model access agreement language in the legislation itself, reducing agencies' ability to impose unreasonable terms.
Establish Oversight
Create an oversight body—perhaps the state press association or an independent commission—to review compliance and hear complaints.
Sources
- Colorado FOIC: A year after legislature passed law, news outlets still blocked
- Colorado FOIC: House adds radio encryption provision to reform bill
- Colorado General Assembly: HB21-1250 Bill Text
- Colorado General Assembly: HB19-1235 (Failed 2019 Bill)
- Colorado General Assembly: HB18-1061 (Failed 2018 Bill)
- Colorado Sun: Does Colorado law bar police from encrypting?
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