NOTE: The governor signed this measure on 4/11/2014.
      
      
      HOUSE BILL 14-1047
      
      
      BY REPRESENTATIVE(S) Becker, Court, Fields, Fischer, Ginal, Hamner,
      Hullinghorst, Kagan, Labuda, McLachlan, Melton, Mitsch Bush, Moreno,
      Pettersen, Primavera, Ryden, Salazar, Schafer, Singer, Williams, Young,
      Kraft-Tharp;
      also SENATOR(S) Guzman, Aguilar, Heath, Jahn, Johnston, Jones, Kefalas, Kerr,
      Newell, Nicholson, Schwartz, Todd, Zenzinger.
      
      
      Concerning restrictions on the publishing of basic identification
           information on commercial web sites. 
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, amend 24-72-305.5 as
      follows:
      
           24-72-305.5.  Access to records - denial by custodian - use of
      records to obtain information for solicitation - definitions. (1)  Records
      of official actions and criminal justice records and the names, addresses,
      telephone numbers, and other information in such records shall not be used
      by any person for the purpose of soliciting business for pecuniary gain. The
      official custodian shall deny any person access to records of official actions
      and criminal justice records unless such person signs a statement which
      affirms that such records shall not be used for the direct solicitation of
      business for pecuniary gain.
      
           (2) (a)  It is unlawful for a person to obtain a copy of a
      booking photograph in any format knowing:
      
           (I)  The booking photograph will be placed in a publication
      or posted to a web site; and
      
           (II)  Removal of the booking photograph from the
      publication or web site requires the payment of a fee or other
      exchange for pecuniary gain.
      
           (b)  A person who requests a copy of a booking photograph
      from an official custodian shall, at the time of making the
      request, submit the statement required by subsection (1) of this
      section. By signing the statement, the person is affirming that the
      booking photograph will not be placed in a publication or posted
      to a web site that requires the payment of a fee or other exchange
      for pecuniary gain in order to remove or delete the booking
      photograph from the publication or web site.
      
           (c)  Notwithstanding the provisions of section 24-72-309, a
      person who violates a provision of paragraph (a) of this subsection
      (2) or who submits a false statement pursuant to paragraph (b) of
      this subsection (2) commits an unclassified misdemeanor and shall
      be punished by a fine of up to one thousand dollars.
      
           (d)  As used in this subsection (2), unless the context
      otherwise requires, "booking photograph" means a photograph or
      other image of a person taken by a criminal justice agency at the
      time that a person is arrested or detained by a criminal justice
      agency and prior to conviction.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect September 1, 2014; except that, if
      a referendum petition is filed pursuant to section 1 (3) of article V of the
      state constitution against this act or an item, section, or part of this act
      within the ninety-day period after final adjournment of the general
      assembly, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
           (2)  This act applies to offenses committed on or after the applicable
      effective date of this act.
      
      
      
      
      ________________________________________________________
      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