NOTE: The governor signed this measure on 4/4/2014.
      
      
      HOUSE BILL 14-1152
      
      
      BY REPRESENTATIVE(S) Lawrence, Dore, Holbert, Joshi, Landgraf,
      Navarro, Rankin, Scott, Stephens, Waller, Wilson, Kagan, Labuda,
      Lebsock, Mitsch Bush, Murray, Pettersen, Salazar, Ferrandino, Gardner,
      Gerou, McCann, McNulty, Nordberg, Saine, Schafer, Wright;
      also SENATOR(S) Scheffel, Aguilar, Balmer, Brophy, Cadman, Crowder,
      Grantham, Guzman, Harvey, Heath, Herpin, Hill, Jahn, Johnston, Jones,
      Kefalas, Kerr, King, Lambert, Lundberg, Marble, Newell, Nicholson,
      Roberts, Steadman, Tochtrop, Todd, Ulibarri, Carroll.
      
      
      Concerning passive surveillance records of governmental
           entities.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 24-72-113 as
      follows:
      
           24-72-113.  Limit on retention of passive surveillance records -
      definition. (1)  As used in this section, "passive surveillance" means
      the use by a government entity of a digital video camera, video
      tape camera, closed circuit television camera, film camera, photo
      radar recorder, or other image recording device positioned to
      capture moving or still pictures or images of human activity 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. "Passive surveillance" does not include surveillance
      triggered by a certain event or activity and that does not
      monitor at regular intervals. "Passive surveillance" does not
      include the use of toll collection cameras.
      
           (2) (a)  The custodian, as defined in section 24-72-202, may
      only access a passive surveillance record beyond the first
      anniversary after the date of the creation of the passive
      surveillance record, and up to the third anniversary after the
      date of the creation of the passive surveillance record, if there
      has been a notice of claim filed, or an accident or other specific
      incident that may cause the passive surveillance record to
      become evidence in any civil, labor, administrative, or felony
      criminal proceeding, in which case the passive surveillance
      record may be retained. The custodian shall preserve a record of
      the reason for which the passive surveillance record was
      accessed and the person who accessed the passive surveillance
      record beyond the first anniversary after its creation. All
      passive surveillance records must be destroyed after the third
      anniversary after the date of the creation of the passive
      surveillance record unless retention is authorized by this
      section.
      
           (b)  This section does not apply to passive surveillance
      records of any correctional facility, local jail, or private
      contract prison, as defined in section 17-1-102, C.R.S., any juvenile
      facility operated by the Colorado department of human services,
      as listed in sections 19-2-402, 19-2-403, and 19-2-406 through
      19-2-408, C.R.S., or any passive surveillance records made or
      maintained as required under federal law.
      
           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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO