Date: 03/03/2015

Final
BILL SUMMARY for HB15-1115

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
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01:56 PM -- HB15-1115

The committee returned to order. Representative Lawrence, prime sponsor, presented House Bill 15-1115, concerning privacy in regard to emerging technologies. Representative Lawrence discussed the issue of privacy in light of emerging technology, and explained the effect of the bill as amended by prepared amendment L.006 (Attachment A). Representative Lawrence responded to questions regarding the scope of the new crime created by amendment L.006, and addressed some hypothetical scenarios that might constitute a crime under the amendment. The following persons testified regarding HB 15-1115:

15HouseJud0303AttachA.pdf15HouseJud0303AttachA.pdf

02:06 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified regarding the bill. Mr. Hanuman addressed the hypothetical scenarios proposed previously, and responded to questions regarding the broadness of the "reasonable expectation of privacy" standard in amendment L.006. Discussion ensued regarding the lack of the intent element in the amendment.


02:18 PM

Discussion continued regarding the intent element of amendment L.006, and how this element might be interpreted based on existing case law. Discussion returned to what constitutes the reasonable expectation of privacy under the amendment, and the confluence of the amendment with other statutory prohibitions such as those against wiretapping.


02:30 PM

Mr. Hanuman responded to questions regarding penalties currently levied against intentional violators of privacy laws, as compared to the circumstances that trigger criminal prosecution under amendment L.006. Representative Lawrence responded to questions regarding the position of certain stakeholders on the amendment. Mr. Hanuman responded to questions regarding what constitutes an invasion of privacy under the amendment, and the types of technology addressed by the amendment.


02:44 PM

Discussion ensued regarding the actions to which the knowingly element applies under amendment L.006. Discussion returned to the scope of the crime created in amendment L.006, and the level of the infraction created by the amendment. Discussion followed regarding the potential for amending amendment L.006 to lower the level of the offense created by the amendment, and the importance of case law to guiding interpretation of the amendment.

02:52 PM -- Chief Kevin Paletta, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Paletta spoke in support of the unamended version of the bill, and discussed the law enforcement applications for drones.

02:55 PM -- Mr. Chris Huston, representing UAS Colorado, testified regarding the bill. Mr. Huston discussed the aerospace industry in Colorado, and explained that his organization would like the bill to be more technology-neutral in its application. Mr. Huston clarified his organization's position on the bill and certain proposed amendments, and noted some recent rules established for drones at the federal level. Mr. Huston discussed some jurisprudence in the area of expectation of privacy and emerging technologies.

03:01 PM -- Mr. Constantin Diehl, representing UAS Colorado, testified on the bill from a neutral position. Committee members received a fact sheet about unmanned aircraft systems in Colorado and pending legislation on drone technology (Attachment B). Mr. Diehl discussed the beneficial uses of drones, and noted some businesses engaged in the drone business. Mr. Diehl also discussed an initiative focusing on drone testing in the San Luis Valley. Mr. Diehl clarified his organization's position on the bill and potential amendments.

15HouseJud0303AttachB.pdf15HouseJud0303AttachB.pdf

03:09 PM -- Mr. Allen Bishop, representing Reference Technologies, testified in support of HB 15-1115. Mr. Bishop discussed the drone industry in Colorado, and state support for that industry. Mr. Bishop supported the separation of drone technologies from the crimes that may be committed by these aircraft.

03:16 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Cain expressed concerns about the language contained in amendment L.006, and provided background on the creation of the expectation of privacy standard. Ms. Cain posited that the amendment does not create sufficient knowledge about the commission of the crime the amendment creates. Ms. Cain clarified her position on the introduced bill and some proposed amendments. Ms. Cain responded to questions regarding the intent element in the amendment. Discussion ensued regarding the ambiguity of amendment L.006.


03:25 PM

Discussion ensued regarding the potential for working on further amendments to HB 15-1115. The bill was laid over pending further work.


03:28 PM

The committee adjourned.