Bill Summary for Bill Number SB14-193

Date: 05/05/2014

Final
BILL SUMMARY for SB14-193

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Adopt amendment L.007 (Attachment K). The motion p Adopt amendment L.008 (Attachment L). The motion p Adopt amendment L.009 (Attachment N). The motion p Refer Senate Bill 14-193, as amended, to the Commi	Pass Without Objection PASS Pass Without Objection PASS

04:07 PM -- SB14-193

Representative Singer, prime sponsor, presented Senate Bill 14-193. The bill prohibits a state or local agency from obtaining location information from an electronic device without first obtaining a search warrant. Exceptions are provided:

when the device is reported stolen by its owner;

in order to respond to the user's call for emergency services;

with the informed, affirmative consent of the owner or user of the electronic device, the next of kin if the owner or user is believed to be deceased or is reported missing and is unable to be contacted, or the child's parent or legal guardian if the owner or user is under 18 years of age;

when exigent circumstances exist and the search would be recognized as constitutionally permissible without the warrant;

when a representative of a state or local agency has a good faith belief that his or her actions were legal;

when the owner or user of the electronic device has voluntarily or publicly disclosed the location information;

if the electronic device has been abandoned by the owner or user;

for probation departments within the Judicial Department or to the Division of Adult Parole within the Department of Corrections;

for a law enforcement agency obtaining basic subscriber information from an electronic communications service provider in accordance with a valid subpoena, court order, or search warrant; or

when any other judicially recognized exception to the search warrant requirement exists.

If location information or evidence arising from the location information is to be used in a court proceeding, all parties must receive copies of the search warrant and accompanying affidavit as required under Rule 16 of the Colorado Rules of Criminal Procedure, or any successor rule. A court may waive this requirement if it finds that it is not possible to comply with the requirement and that the party will not be prejudiced by the delay in receiving the information.

The bill clarifies that an electronic communication service provider is not liable for providing information, facilities, or assistance in compliance with the terms of a search warrant.

Amendments L.007, L.008 and L.009 (Attachments K, L, and M) were distributed and discussed.

14HseState0505AttachK.pdf

14HseState0505AttachL.pdf

14HseState0505AttachM.pdf

04:11 PM -- Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes stated that it is unnecessary to codify a U.S. Supreme Court ruling. He expressed concern about unintended consequences. He indicated that, with the amendments, the bill is workable.

04:13 PM -- Matthew Durkin, representing the Colorado Attorney General, testified in opposition to the bill. Mr. Durkin reiterated the testimony of Mr. Raynes.

04:15 PM -- Rich Orman, representing the 18th Judicial District Attorney, testified in opposition to the bill. Mr. Orman discussed specific problems he has with the bill. He suggested possible amendments. He responded to questions from the committee.

04:31 PM

The committee discussed the bill with Mr. Raynes, Mr. Durkin, and Mr. Orman.

04:36 PM -- Densie Maes, representing the American Civil Liberties Union of Colorado, testified in support of the bill. Ms. Maes distributed a fact sheet about the bill (Attachment N). She stated that the bill codifies the fact that your whereabouts should be private.

14HseState0505AttachN.pdf

04:39 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak said that the bill prohibits the government from putting a tracking device on a child without the parents' consent. She praised the additional protections for children in the bill.

04:41 PM -- Jeff Orrok, representing the Colorado Libertarian Party, testified in support of the bill. Mr. Orrok raised specific concerns about the language of the bill. He expressed his opinion that the bill should go farther to protect the civil rights of Colorado citizens.

04:46 PM -- David Kopel, representing himself, testified in support of the bill. Mr. Kopel refuted portions of the testimony of Mr. Orman. He explained why he believes the bill is necessary. He stated that the legislature, rather than the courts, has the primary responsibility in the state for making laws. He urged the committee not to weaken the bill. He responded to questions from the committee.

04:55 PM -- Don Eberle, representing Verizon Communications, testified in support of amendment L.007. Mr. Eberle responded to questions from the committee.


BILL:	SB14-193
TIME:	04:58:47 PM
MOVED:	Williams
MOTION:	Adopt amendment L.007 (Attachment K). The motion passed without objection.
SECONDED:	Melton
		VOTE
	Conti
	Dore
	Foote
	Humphrey
	Labuda
	Melton
	Moreno
	Nordberg
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB14-193
TIME:	04:59:38 PM
MOVED:	Labuda
MOTION:	Adopt amendment L.008 (Attachment L). The motion passed on a vote of 7-4.
SECONDED:	Melton
		VOTE
	Conti	No
	Dore	No
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	No
	Williams	Yes
	Salazar	No
	Ryden	Yes

YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB14-193
TIME:	05:01:49 PM
MOVED:	Foote
MOTION:	Adopt amendment L.009 (Attachment N). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Conti
	Dore
	Foote
	Humphrey
	Labuda
	Melton
	Moreno
	Nordberg
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:03 PM

Representative Singer wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	SB14-193
TIME:	05:04:04 PM
MOVED:	Salazar
MOTION:	Refer Senate Bill 14-193, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Williams
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:06 PM

The committee adjourned.