Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0065.01 Richard Sweetman x4333HOUSE BILL 16-1213 HOUSE SPONSORSHIP Lawrence, Van Winkle, Wilson SENATE SPONSORSHIP Lundberg and Newell, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning a civil remedy for certain damages caused by an intrusion committed through the use of a device. 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 states that, with certain exceptions, a person has a private civil right of action against another person if: With malicious intent, the other person intrudes, physically or otherwise, upon the person through the use of any device to capture, without the person's consent, a photograph, sound recording, or other physical impression or digital image of the person; The person has a reasonable expectation of privacy at the time of the intrusion; The intrusion is unreasonably offensive or objectionable; and The person suffers emotional distress as a result of the intrusion. The bill makes legislative findings and declarations. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds that: (a) "Emerging technological devices" refers to the current and future development of devices that permit greater intrusion of privacy due to an increased ability to capture photographs, sound recordings, and other physical impressions or digital images without committing a trespass; (b) Emerging technological devices will pose significant public policy issues for the general assembly to resolve in the near future; and (c) Foremost among these issues is the threat to individual privacy that is posed by a person who misuses an emerging technological device to unreasonably intrude upon another individual and capture, without the person's consent, a photograph, sound recording, or other physical impression or digital image of the person. (2) Now, therefore, the general assembly hereby declares that because of the threat to individual privacy that is posed by a person who misuses an emerging technological device, it is appropriate at this time to provide additional protections for citizens from inappropriate and malicious use of these devices. SECTION 2. In Colorado Revised Statutes, add 13-21-129 as follows: 13-21-129. Civil actions for intrusions using a device. (1) A person has a private civil right of action against another person if: (a) With malicious intent, the other person intrudes, physically or otherwise, upon the person through the use of any device to capture, without the person's consent, a photograph, sound recording, or other physical impression or digital image of the person; (b) The person has a reasonable expectation of privacy at the time of the intrusion; (c) The intrusion is unreasonably offensive or objectionable; and (d) The person suffers emotional distress as a result of the intrusion. (2) Notwithstanding subsection (1) of this section, a person does not have a private civil right of action against another person for an intrusion, as described in said subsection (1), if the intrusion is: (a) Performed by a state or local government agency, or any subdivision thereof, when the agency or subdivision is acting within the scope of its statutory authority; (b) Performed pursuant to the operation of a device in compliance with the terms of any current and enforceable authorization granted by the federal aviation administration; or (c) (I) Performed by a person or entity that is engaged in a business or professional-related activity or performed by an employee, contractor, or other agent thereof; and (II) The device in question is used only to perform reasonable tasks that are within the scope of the business or professional-related activity. (3) Nothing in this section precludes or limits a person's right to pursue any other remedy available under law. SECTION 3. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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.