HOUSE
                       3rd Reading Unamended
       April 21, 2015          HOUSE
       Amended 2nd Reading
                      April 17, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0054.01 Richard Sweetman x4333HOUSE BILL 15-1115
                    HOUSE SPONSORSHIP
 Lawrence, 
 
                   SENATE SPONSORSHIP
 Newell and Lundberg, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning privacy in regard to emerging technologies.
       
       
                           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.)
       
            A person commits the crime of first degree criminal trespass if he
       or she is not a peace officer or other agent of a state or local government
       agency acting in his or her official capacity and he or she knowingly and
       intentionally uses an unmanned aerial vehicle (UAV) to observe, record,
       transmit, or capture images of another person when the other person has
       a reasonable expectation of privacy.
            A person commits harassment if he or she is not a peace officer or
       other agent of a state or local government agency acting in his or her
       official capacity and, with intent to harass, annoy, or alarm another
       person, he or she uses a UAV to track a person's movements in or about
       a public place without the person's authorization.
            The bill amends existing law concerning the retention of passive
       surveillance records by government agencies to contemplate the retention
       of records that are obtained through the use of UAVs.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 18-7-802 as
       follows:
            18-7-802.  Criminal invasion of privacy by use of a device -
       penalty. (1)  Except as described in subsection (2) of this section,
       criminal invasion of privacy by use of a device occurs when a
       person knowingly and intentionally captures any photograph,
       sound recording, or other physical impression or digital image
       of another person, without that person's consent, in a situation
       where that person has a reasonable expectation of privacy,
       through the use of any device regardless of whether there is a
       trespass, if the photograph, sound recording, or other physical
       impression or digital image could not have been achieved
       without a trespass unless the device or another device was used.
            (2)  Subsection (1) of this section does not apply to a peace
       officer or an employee or other agent of a federal, state, or
       local government agency acting in his or her official capacity.
            (3)  Criminal invasion of privacy by use of a device is a
       class 3 misdemeanor.                 
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       5, 2015, if adjournment sine die is on May 6, 2015); 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 such period, 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 2016 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.