Date: 04/23/2013

Final
BILL SUMMARY for HB13-1308

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment E), as amended.
Adopt amendment L.004 (Attachment A), which amends
Adopt amendment L.005 (Attachment B). The motion p
Adopt amendment L.007 (Attachment D), which amends
Refer House Bill 13-1308, as amended, to the Commi		Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



02:00 PM -- House Bill 13-1308

Representatives Kagan and Gardner, co-sponsors, presented House Bill 13-1308. This bill allows a supervising representative of a law enforcement agency (requestor) to direct a previously identified employee of a communications or internet access provider to provide call location information of a person without a court order. The requestor must have probable cause to believe that an emergency situation exists and the time required to obtain a search warrant or other court order would exacerbate the risk of death or serious bodily injury to the person or another person within his or her company.

Within 24 hours of receiving such call location information, a requestor must provide the employee with a written statement documenting the request. Written statements must be kept by both the requestor and the employee for at least five years. The requestor must also either obtain a court order stating the information was lawfully obtained or destroy the data within 24 hours.


02:11 PM

Representatives Kagan and Gardner responded to questions from the committee about costs associated with the bill and the definition of "call location information." The committee discussed the scope of the information that would be provided under the bill. Representative Kagan explained the effect of forthcoming amendments to the bill. The committee discussed the consequences of obtaining call location information without probable cause.

02:21 PM -- Kansas State Senator Greg Smith, representing his family, testified in support of the bill. Senator Smith related the details of his daughter's kidnapping and murder in 2007. He discussed his reasons for developing this model law and testifying in other states to get it passed. He spoke about exigent circumstances and proper training for law enforcement agencies and communications providers. Senator Smith responded to questions from the committee.


02:38 PM

The committee continued to question Senator Smith. He read the testimony of his wife, Missy, who was unable to attend the hearing.

02:47 PM -- Commander Ron Saunier, representing the Denver Police Department Major Crimes Unit, testified in support of the bill. Commander Saunier stated his desire to bring Colorado law up to date in order to reflect current technology. He discussed situations in which having call location information is crucial to saving one or more lives. He responded to questions from the committee. Commander Saunier expressed the support of the Colorado Association of Chiefs of Police, the County Sheriffs of Colorado, the Colorado District Attorneys' Council, and the Department of Public Safety.

02:55 PM -- Greg Romberg, representing Sprint, testified in support of the bill. Mr. Romberg indicated that Sprint has worked with other communications carriers and the sponsors on prepared amendments L.004 and L.005 (Attachments A and B).

13HseJud0423AttachA.pdf13HseJud0423AttachA.pdf 13HseJud0423AttachB.pdf13HseJud0423AttachB.pdf

02:57 PM -- Mitch Morrissey, 2nd Judicial District Attorney, testified in support of the bill. Mr. Morrissey discussed current practice and current state and federal law on this subject. He addressed prepared amendment L.006 (Attachment C).

13HseJud0423AttachC.pdf13HseJud0423AttachC.pdf

03:02 PM -- Don Eberle, representing Verizon, testified in support of the bill.

03:03 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill with the adoption of prepared amendment L.007 (Attachment D).

13HseJud0423AttachD.pdf13HseJud0423AttachD.pdf
BILL:HB13-1308
TIME: 03:24:14 PM
MOVED:Kagan
MOTION:Adopt amendment L.004 (Attachment A), which amends L.003. The motion passed without objection.
SECONDED:Gardner
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB13-1308
TIME: 03:24:28 PM
MOVED:Gardner
MOTION:Adopt amendment L.007 (Attachment D), which amends L.003. The motion passed without objection.
SECONDED:Kagan
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



BILL:HB13-1308
TIME: 03:26:52 PM
MOVED:Kagan
MOTION:Adopt amendment L.003 (Attachment E), as amended. The motion passed without objection.

13HseJud0423AttachE.pdf13HseJud0423AttachE.pdf
SECONDED:Gardner
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB13-1308
TIME: 03:29:10 PM
MOVED:Kagan
MOTION:Adopt amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:Gardner
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB13-1308
TIME: 03:30:55 PM
MOVED:Kagan
MOTION:Refer House Bill 13-1308, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Gardner
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS