First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0390.02 Chuck Brackney x2295 HOUSE BILL 13-1112
                    HOUSE SPONSORSHIP
 Lawrence, 
 
                   SENATE SPONSORSHIP
 Scheffel, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning requests for open records access to data
            collected by monitoring cameras.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill says that video or still images obtained by monitoring
       cameras, such as traffic webcams, may not be released under an open
       records request, except to the person of interest in the records. The bill
       also defines "monitoring camera".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 24-72-204, amend (3)
       (a) introductory portion and (3) (a) (XXI); and add (3) (a) (XXII) as
       follows:
            24-72-204.  Allowance or denial of inspection - grounds -
       procedure - appeal - definitions. (3) (a)  The custodian shall deny the
       right of inspection of not produce the following records, unless
       otherwise provided by law; except that any of the following records, other
       than letters of reference concerning employment, licensing, or issuance of
       permits, shall be are available to the person in interest under this
       subsection (3):
            (XXI)  All records, including but not limited to, analyses and maps,
       compiled or maintained pursuant to statute or rule by the department of
       natural resources or its divisions that are based on information related to
       private lands and that identify or allow to be identified any specific
       Colorado landowners or lands; except that summary or aggregated data
       that do not specifically identify individual landowners or specific parcels
       of land shall are not be subject to this subparagraph (XXI);
            (XXII) (A)  All video or still images from a monitoring
       camera, excluding images of any person allegedly committing or
       attempting to commit a crime. Video images or identifying
       information, including a license plate, of a potential victim,
       witness, bystander, or other nonparticipant in alleged criminal
       activity may be produced only with the written consent of the
       person in interest or that person's parent or guardian or the
       written authorization of a peace officer, district attorney,
       judge, or fire chief, or that official's designee, for criminal
       justice or life safety purposes.
            (B)  As used in this subparagraph (XXII), "monitoring
       camera" means a digital video camera, video tape camera, film
       camera, photo radar recorder, toll collection device,
       automated vehicle identification system, or other image
       recording device intended to capture moving or still pictures or
       images on a routine basis or for security or other purposes,
       including monitoring or recording traffic, weather conditions,
       office activities, transit facilities, parking garages, sports
       venues, schools, day care centers, hospitals or other medical
       facilities, recreational facilities, playgrounds, swimming pools,
       or utility facilities.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.