SB26-070 • 2026

Ban Government Access Historical Location Information Database

The bill prohibits a government entity from accessing a database that reveals an individual's or a vehicle's historical location information, subject to certain exceptions. The bill prohibits a govern

Technology

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Sen. J. Amabile, Sen. L. Zamora Wilson, Rep. K. Nguyen, Rep. Y. Zokaie, Sen. J. Gonzales, Sen. N. Hinrichsen, Sen. J. Marchman, Sen. K. Wallace, Rep. K. Brown, Rep. S. Camacho, Rep. L. García, Rep. S. Lieder, Rep. M. Martinez, Rep. K. McCormick, Rep. L. Smith, Rep. B. Titone, Rep. E. Velasco
Last action: 2026-02-23
Official status: Senate Committee on Judiciary Refer Amended to Appropriations
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide details on enforcement actions for the attorney general, penalties, or how compliance policies will be implemented by government entities.

Ban on Government Access to Historical Location Information Database

This bill stops government entities from accessing databases that reveal historical location information of individuals and vehicles, with some exceptions.

What This Bill Does

Forbids government entities from looking at databases that reveal historical location information of people and vehicles.
Does not allow sharing this information with third parties or other government agencies outside their area without specific reasons.
Makes sure historical location data is not considered a public record under the Colorado Open Records Act.
Requires government entities collecting such information to have policies in place to follow these rules.

Who It Names or Affects

Government entities, including police departments and other agencies that collect location data.
Individuals whose historical location information is stored in databases.

Terms To Know

Historical Location Information: Information about where a person or vehicle has been more than 24 hours ago, as recorded by various technologies like cameras and cell networks.
Government Entity: An organization run by the government that includes agencies, departments, and other official bodies.

Limits and Unknowns

The bill does not cover video or image recordings from government-owned buildings or cameras used by government entities for specific cases.
There are exceptions to when a government entity can access historical location information, such as with consent or in emergencies.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

SEN Judiciary

Passed [*]

Plain English: The amendment removes certain phrases and sections from the bill that relate to public records requests and exceptions.

Removes references to 'TRANSACTION, A RESPONSE TO A PUBLIC RECORDS' and replaces it with just 'TRANSACTION'.
Strikes out the phrase 'REQUEST,' on page 6, line 24.
Eliminates lines 24 through 27 from page 11 of the bill.
Removes lines 1 through 9 from page 12 of the bill.

The exact impact and context of these changes on the overall meaning of the bill are not fully explained in the amendment text provided.

L.003

SEN Judiciary

Passed [*]

Plain English: The amendment changes a part of the bill to include an additional section of law that government entities cannot access when looking at historical location information databases.

Adds SECTION 43-4-506.5 along with SECTION 43-4-808 as parts of the law that government entities are prohibited from accessing.

The exact content and implications of SECTION 43-4-506.5 are not provided, so its specific role in limiting government access is unclear.

L.005

SEN Judiciary

Passed [*]

Plain English: The amendment changes the bill to allow government entities within Colorado to access historical location information databases if it involves a government official or entity outside of the state.

Changes the condition under which a government entity can access a database containing historical location information from 'outside the official's or entity's jurisdiction' to 'with a government official or entity outside the state'.

The amendment text is limited and does not provide full context about all possible exceptions, so it's unclear how this change affects other parts of the bill.

L.007

SEN Judiciary

Passed [*]

Plain English: The amendment changes specific numbers in the bill text from 'TWENTY-FOUR' to 'SEVENTY-TWO', and from 'FOUR' and 'FIVE' to 'THIRTY' and 'THIRTY-ONE'.

Changes 'TWENTY-FOUR' to 'SEVENTY-TWO' on page 4, line 19.
Changes 'FOUR' to 'THIRTY' on page 10, line 1.
Changes 'FIVE' to 'THIRTY-ONE' at multiple locations (lines 5, 8, 14, and 19) on page 10.

The exact impact of these number changes is not explained in the amendment text.
It's unclear what specific parts of the bill are being modified by these numerical changes.

L.008

SEN Judiciary

Passed [*]

Plain English: The amendment to SB26-070 adds an exception that excludes the Judicial Department from being considered a government entity for the purposes of accessing historical location information databases.

Adds a new definition stating that 'GOVERNMENT ENTITY' does not include the Judicial Department.
Modifies existing exceptions related to law enforcement by adding another one: the operation, maintenance, testing, security, or integrity of a public safety answering point or 911 system.

The amendment text is specific and clear but does not provide context on how these changes will affect the overall bill's implementation.

L.009

SEN Judiciary

Passed [*]

Plain English: The amendment adds definitions for 'automatic license plate reader' and modifies the bill to include this technology when discussing historical location information.

Adds a definition for 'automatic license plate reader', which includes systems, software, or algorithms that convert images of license plates into computer-readable data.
Removes references to facial recognition in certain parts of the bill.
Modifies sections where historical location information is mentioned to specify that it can be captured using automatic license plate reader technology.

The amendment text does not provide full context for all changes, so some implications are unclear without reviewing the entire bill.

L.010

SEN Judiciary

Passed [*]

Plain English: The amendment removes references to biometric identifiers like facial images from the bill that aims to restrict government access to historical location information databases.

Removes 'SUCH AS A BIOMETRIC IDENTIFIER,' after a specific clause on page 5, line 3 of the bill.
Replaces 'NUMBERS, FACIAL IMAGES,' with just 'NUMBERS' on page 8, line 19.

The amendment text does not provide context for why these changes are being made, so it's unclear what specific impact this will have on the bill's overall intent.

Bill History

2026-02-23 Senate
Senate Committee on Judiciary Refer Amended to Appropriations
2026-01-28 Senate
Introduced In Senate - Assigned to Judiciary

Official Summary Text

The bill prohibits a government entity from accessing a database that reveals an individual's or a vehicle's historical location information, subject to certain exceptions. The bill prohibits a government entity from sharing historical location information with third parties or government agencies outside their jurisdiction, subject to certain exceptions, and makes historical location information not a public record for the purposes of the "Colorado Open Records Act".
The bill requires a government entity that collects historical location information to adopt a policy to maintain compliance with the provisions of the regulatory scheme.
An enforcement action is created for the attorney general to enforce the provisions of the bill. Historical location information obtained in violation of the prohibitions of the bill are inadmissible in trial.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0400.01 Owen Hatch x2698 SENATE BILL 26-070
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING PROHIBITING A GOVERNMENT ENTITY FROM ACCESSING101
A DATABASE THAT STORES HISTORICAL LOCATION102
INFORMATION.103
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://leg.colorado.gov.)
The bill prohibits a government entity from accessing a database
that reveals an individual's or a vehicle's historical location information,
subject to certain exceptions. The bill prohibits a government entity from
sharing historical location information with third parties or government
agencies outside their jurisdiction, subject to certain exceptions, and
SENATE SPONSORSHIP
Amabile and Zamora Wilson, Gonzales J., Hinrichsen, Marchman, Wallace
HOUSE SPONSORSHIP
Zokaie and Nguyen, Brown, Camacho, Garcia, Lieder, Martinez, McCormick, Smith,
Titone, Velasco
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
makes historical location information not a public record for the purposes
of the "Colorado Open Records Act".
The bill requires a government entity that collects historical
location information to adopt a policy to maintain compliance with the
provisions of the regulatory scheme.
An enforcement action is created for the attorney general to
enforce the provisions of the bill. Historical location information obtained
in violation of the prohibitions of the bill are inadmissible in trial.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Protecting Everyone from Excessive Police Surveillance (PEEPS) Act"3
or "PEEPS Act".4
SECTION 2. Legislative declaration - legislative intent.5
(1) The general assembly finds and declares that:6
(a) Technological advances and the growth of commercial data7
systems have enabled the routine collection, aggregation, storage, and8
sale of historical location information relating to individuals and vehicles,9
including information derived from cameras, license plate readers,10
cellular networks, and other technologies;11
(b) Historical location information is highly sensitive in nature12
and, when a ccessed over time, can reveal detailed and personal13
information about an individual's movements, associations, habits, and14
daily activities;15
(c) Government access to historical location information through16
privately or publicly maintained databases, rather than through direct17
observation or narrowly targeted collection, presents unique risks of18
overbroad surveillance and may occur outside traditional legal processes19
and safeguards;20
(d) The availability of commercial and third-party databases21
SB26-070-2-
containing historical location information has created pathways for1
government entities to obtain such information without a warrant, court2
order, or clearly articulated statutory authority;3
(e) Sharing of historical location information with third parties or4
with government agencies outside a government entity's jurisdiction,5
absent clear limits and accountability measures, increases the risk of6
misuse, unauthorized secondary use, and erosion of public trust;7
(f) Establishing clear statutory guardrails governing when and8
how government entities may access, use, and share historical location9
information promotes transparency, accountability, and consistent10
application of privacy protections across jurisdictions; and11
(g) The general assembly recognizes the essential role of12
government entities, including law enforcement and emergency service13
providers, in protecting public safety, and acknowledges that limited and14
clearly defined exceptions are necessary to allow appropriate access to15
historical location information in specific circumstances.16
(2) It is the general assembly's intent to regulate government17
access to databases containing historical location information; to restrict18
the sharing of such information, except in narrow, well-defined19
circumstances; to require oversight, record keeping, and compliance20
policies when historical location information is collected; and to ensure21
meaningful remedies and enforcement for violations of these protections.22
SECTION 3. In Colorado Revised Statutes, add 16-3-313 as23
follows:24
16-3-313. Prohibition on access to a historical location25
information database - individual or vehicle - evidence inadmissible26
in court - definitions.27
SB26-070-3-
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE1
REQUIRES:2
(a) "ACCESS" MEANS VIEWING, QUERYING, RETRIEVING, COPYING,3
TRANSMITTING, ANALYZING , OR OTHERWISE USING A DATABASE AS4
DEFINED IN THIS SECTION, WHETHER MANUALLY OR AUTOMATICALLY.5
(b) "C OLLECT" MEANS USING TECHNOLOGY TO RECORD6
INFORMATION ABOUT AN INDIVIDUAL'S OR VEHICLE'S PHYSICAL LOCATIONS7
OR MOVEMENTS.8
(c) "D ATABASE" MEANS A PHYSICAL OR DIGITAL INFORMATION9
STORAGE SYSTEM , WHETHER PUBLICLY OR PRIVATELY OWNED , THAT10
CONTAINS PHOTOS, VIDEOS, LICENSE PLATE DATA, FACIAL RECOGNITION11
DATA, CELL SITE LOCATION DATA, OR ANY COMBINATION OF THESE.12
(d) "G OVERNMENT ENTITY " HAS THE MEANING SET FORTH IN13
SECTION 16-3-303.5.14
(e) "G OVERNMENT OFFICIAL" MEANS ANY OFFICER , EMPLOYEE,15
AGENT, CONTRACTOR, OR REPRESENTATIVE OF A GOVERNMENT ENTITY.16
(f) (I) "H ISTORICAL LOCATION INFORMATION " MEANS17
INFORMATION THAT, WHEN ACCESSED , REVEALS THE LOCATIONS OF AN18
INDIVIDUAL OR VEHICLE MORE THAN TWENTY-FOUR HOURS PRIOR TO THE19
DATE OF THE ACCESS.20
(II) "H ISTORICAL LOCATION INFORMATION" DOES NOT INCLUDE21
VIDEO OR IMAGE RECORDINGS GENERATED BY CAMERAS IN22
GOVERNMENT-OWNED BUILDINGS OR DASHBOARD CAMERAS AND23
BODY-WORN CAMERAS OWNED AND OPERATED BY A GOVERNMENT ENTITY,24
REGARDLESS OF WHETHER THE CAMERA TRANSMITS, STORES, OR BACKS UP25
A RECORDING TO A LOCAL OR CENTRALIZED STORAGE SYSTEM , SO LONG26
AS:27
SB26-070-4-
(A) THE RECORDING IS NOT INDEXED, SEARCHABLE, OR ANALYZED1
BY A UNIQUE IDENTIFIER, INCLUDING AN IDENTIFIER TIED TO A VEHICLE OR2
INDIVIDUAL, SUCH AS A BIOMETRIC IDENTIFIER , BUT NOT INCLUDING AN3
IDENTIFIER FOR THE INDIVIDUAL OR VEHICLE CARRYING THE CAMERA OR4
AN IDENTIFIER CONNECTING THE RECORDING TO A PARTICULAR CASE OR5
INCIDENT NUMBER, FOR THE PURPOSE OF TRACKING OR RECONSTRUCTING6
AN INDIVIDUAL'S OR VEHICLE'S HISTORICAL LOCATION INFORMATION; AND7
(B) A CCESS TO THE RECORDING DOES NOT REVEAL AN8
INDIVIDUAL'S OR VEHICLE 'S HISTORICAL LOCATION INFORMATION9
THROUGH A DATABASE QUERY OR SIMILAR SEARCH PROCESS.10
(g) "S UPERVISOR" MEANS A GOVERNMENT OFFICIAL WHO11
POSSESSES THE AUTHORITY TO DIRECT AND DISCIPLINE ONE OR MORE12
GOVERNMENT OFFICIALS WITHIN A GOVERNMENT ENTITY.13
(h) "WARRANT" HAS THE MEANING SET FORTH IN THIS ARTICLE 3.14
"WARRANT" DOES NOT MEAN A SUBPOENA.15
(2) A GOVERNMENT OFFICIAL SHALL NOT ACCESS A DATABASE16
THAT REVEALS HISTORICAL LOCATION INFORMATION, EXCEPT:17
(a) W HEN THE GOVERNMENT OFFICIAL HAS OBTAINED A VALID18
JUDICIAL WARRANT ISSUED PURSUANT TO THIS PART 3 TO ACCESS THE19
DATABASE;20
(b) W HEN AN INDIVIDUAL GIVES EXPRESS CONSENT TO THEIR21
SPECIFIC HISTORICAL LOCATION INFORMATION BEING REVEALED TO A22
SPECIFIC GOVERNMENT OFFICIAL OR ENTITY , SO LONG AS THE CONSENT23
DOES NOT ALLOW THE GOVERNMENT OFFICIAL OR ENTITY TO ACCESS THE24
HISTORICAL LOCATION INFORMATION OF AN INDIVIDUAL WHO HAS NOT25
CONSENTED;26
(c) WHEN THE REGISTERED OWNER OF A VEHICLE REPORTS THE27
SB26-070-5-
VEHICLE LOST OR STOLEN AND VOLUNTARILY CONSENTS TO THE VEHICLE'S1
HISTORICAL LOCATION INFORMATION BEING SEARCHED;2
(d) WHEN EXIGENT CIRCUMSTANCES MAKE OBTAINING A WARRANT3
IMPRACTICAL BEFORE THE EXIGENCY EXPIRES; OR4
(e) WHEN A GOVERNMENT OFFICIAL IS CARRYING OUT ANY OF THE5
FOLLOWING PURPOSES AND USES THE HISTORICAL LOCATION INFORMATION6
SOLELY FOR THE PURPOSE OF:7
(I) TOLL COLLECTION AND ENFORCEMENT, AUTHORIZED PURSUANT8
TO SECTION 43-4-808;9
(II) TRAFFIC ENFORCEMENT, AUTHORIZED PURSUANT TO SECTION10
42-4-110.5;11
(III) PARKING ENFORCEMENT; OR12
(IV) INFORMATION SECURITY AS NECESSARY TO IMPLEMENT THE13
REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION.14
(3) (a) A GOVERNMENT OFFICIAL OR ENTITY THAT COLLECTS15
HISTORICAL LOCATION INFORMATION SHALL NOT SHARE IT OUTSIDE THE16
OFFICIAL'S OR ENTITY'S JURISDICTION, EXCEPT FOR A REASON SET FORTH17
IN SUBSECTION (2) OF THIS SECTION OR PURSUANT TO A VALID COURT18
ORDER.19
(b) (I) A GOVERNMENT OFFICIAL OR ENTITY THAT COLLECTS20
HISTORICAL LOCATION INFORMATION SHALL NOT SELL OR CONVEY IT TO21
A PRIVATE , NONGOVERNMENTAL THIRD PARTY FOR ANY REASON ,22
WHETHER AS A MARKET TRANSACTION, A RESPONSE TO A PUBLIC RECORDS23
REQUEST, OR OTHERWISE , EXCEPT TO THE LIMITED EXTENT NECESSARY24
FOR A NONGOVERNMENTAL THIRD PARTY VENDOR, ACTING SOLELY AS A25
SERVICE PROVIDER TO THE GOVERNMENT OFFICIAL OR ENTITY , TO26
TEMPORARILY ACCESS THE HISTORICAL LOCATION INFORMATION FOR THE27
SB26-070-6-
SOLE PURPOSE OF DIAGNOSING , REPAIRING , OR CONDUCTING1
MAINTENANCE ON A TECHNICAL MALFUNCTION OR SOFTWARE DEFECT IN2
THE SYSTEM USED TO COLLECT THE HISTORICAL LOCATION INFORMATION.3
(II) ACCESS BY A NONGOVERNMENTAL THIRD PARTY VENDOR TO4
HISTORICAL LOCATION INFORMATION SHALL:5
(A) BE LIMITED IN SCOPE AND DURATION TO THE MINIMUM EXTENT6
NECESSARY TO RESOLVE THE IDENTIFIED MALFUNCTION OR DEFECT;7
(B) P ROHIBIT THE VENDOR FROM RETAINING , COPYING ,8
AGGREGATING, ANALYZING , OR USING THE HISTORICAL LOCATION9
INFORMATION FOR ANY PURPOSE OTHER THAN RESOLVING THE10
MALFUNCTION OR DEFECT;11
(C) P ROHIBIT THE VENDOR FROM DISCLOSING THE HISTORICAL12
LOCATION INFORMATION TO ANY OTHER INDIVIDUAL OR ENTITY, UNLESS13
THE INDIVIDUAL OR ENTITY IS REQUIRED FOR ASSISTANCE IN RESOLVING14
THE MALFUNCTION OR DEFECT; AND15
(D) REQUIRE THE VENDOR TO DELETE OR OTHERWISE RELINQUISH16
ACCESS TO THE HISTORICAL LOCATION INFORMATION IMMEDIATELY UPON17
RESOLUTION OF THE MALFUNCTION OR DEFECT.18
(c) A GOVERNMENT OFFICIAL OR ENTITY THAT COLLECTS19
HISTORICAL LOCATION INFORMATION SHALL ADOPT A POLICY FOR20
COMPLIANCE WITH THIS SECTION THAT ENSURES:21
(I) THE SECURITY AND ACCESS REGULATIONS OF THIS SECTION ARE22
ADHERED TO;23
(II) THAT HISTORICAL LOCATION INFORMATION IS ENCRYPTED OR24
OTHERWISE RENDERED UNREADABLE TO AN UNAUTHORIZED USER USING25
METHODOLOGY OR TECHNOLOGY GENERALLY ACCEPTED IN THE FIELD OF26
INFORMATION SECURITY;27
SB26-070-7-
(III) T HAT A GOVERNMENT OFFICIAL DOES NOT ACCESS A1
DATABASE CONTAINING HISTORICAL LOCATION INFORMATION, ABSENT A2
SHOWING TO A SUPERVISOR , AND , WITH WRITTEN APPROVAL FROM THE3
SUPERVISOR, THAT THE ACCESS COMPLIES WITH SUBSECTION (2) OF THIS4
SECTION;5
(IV) A RECORD IS CREATED AND MAINTAINED EACH TIME6
HISTORICAL LOCATION INFORMATION IS ACCESSED . THE RECORD MUST7
INCLUDE:8
(A) T HE IDENTITY OF THE GOVERNMENT OFFICIAL AND ENTITY9
SEEKING ACCESS;10
(B) THE SPECIFIC PURPOSE FOR WHICH ACCESS WAS SOUGHT;11
(C) THE APPLICABLE EXCEPTION AS LISTED IN SUBSECTION (2) OF12
THIS SECTION AND THE SPECIFIC FACTUAL BASIS FOR THE SUPERVISOR13
BELIEVING THE EXCEPTION WAS APPLICABLE;14
(D) T HE SUPERVISOR 'S WRITTEN APPROVAL THAT GRANTED15
ACCESS;16
(E) T HE FULL DESCRIPTION OF THE HISTORICAL LOCATION17
INFORMATION ACCESSED; AND18
(F) REDACTIONS FOR LICENSE PLATE NUMBERS, FACIAL IMAGES, OR19
OTHER PERSONALLY IDENTIFIABLE INFORMATION;20
(V) T HAT THE RECORDS REQUIRED PURSUANT TO SUBSECTION21
(3)(c)(IV) OF THIS SECTION ARE AUDITED BY ONE OR MORE SUPERVISORS22
AT LEAST EVERY NINETY DAYS TO ENSURE COMPLIANCE WITH THIS23
SECTION. THE GOVERNMENT OFFICIAL OR ENTITY SHALL CREATE A24
WRITTEN STANDARDIZED POLICY OR PRACTICE FOR AN AUDIT THAT25
REQUIRES, AT MINIMUM:26
(A) VERIFICATION THAT ALL INFORMATION REQUIRED PURSUANT27
SB26-070-8-
TO SUBSECTION (3)(c)(IV) OF THIS SECTION HAS BEEN PROVIDED;1
(B) VERIFICATION THAT THE SPECIFIC PURPOSE FOR WHICH ACCESS2
WAS SOUGHT COMPLIES WITH THIS SECTION;3
(C) VERIFICATION THAT THE SCOPE OF THE HISTORICAL LOCATION4
INFORMATION ACCESSED COMPLIES WITH THIS SECTION; AND5
(D) THAT IN THE EVENT THE AUDITOR OR AUDITORS DETERMINE OR6
HAVE REASON TO BELIEVE THAT A GOVERNMENT OFFICIAL OR ENTITY HAS7
VIOLATED ANY PROVISION OF THIS SECTION, FURTHER INVESTIGATION OF8
THE ACTUAL OR SUSPECTED VIOLATION;9
(VI) THE CREATION AND MAINTENANCE OF AN ANNUAL REPORT10
THAT BOTH COMPILES AND SUMMARIZES THE RECORDS DESCRIBED IN11
SUBSECTION (3)(c)(IV) OF THIS SECTION . THE REPORT MUST BE MADE12
AVAILABLE BY JUNE 30 OF EACH YEAR TO THE PUBLIC . THE ANNUAL13
REPORT MUST INCLUDE THE NUMBER AND TYPE OF TECHNOLOGY DEVICES14
HELD BY A GOVERNMENT ENTITY THAT CAN COLLECT AN INDIVIDUAL'S OR15
VEHICLE'S PHYSICAL LOCATION OR MOVEMENTS , AND THE LOCATION16
WHERE THE DEVICES ARE DEPLOYED.17
(VII) THAT ALL GOVERNMENT OFFICIALS WHOSE DUTIES INCLUDE18
ACCESSING A DATABASE THAT CONTAINS HISTORICAL LOCATION19
INFORMATION COMPLETE TRAINING ON HOW TO COMPLY WITH THIS20
SECTION AND THE COMPLIANCE POLICY ADOPTED PURSUANT TO THIS21
SECTION. THE TRAINING MUST NOT BE CREATED OR ADMINISTRATED BY A22
PRIVATE ENTITY WHOSE BUSINESS INVOLVES COLLECTING HISTORICAL23
LOCATION INFORMATION.24
(d) (I) E XCEPT AS PROVIDED IN SUBSECTION (3)(d)(II) OF THIS25
SECTION, A GOVERNMENT OFFICIAL OR ENTITY THAT COLLECTS26
HISTORICAL LOCATION INFORMATION SHALL NOT RETAIN THE27
SB26-070-9-
INFORMATION FOR MORE THAN FOUR DAYS AFTER THE DATE THE1
INFORMATION IS COLLECTED.2
(II) HISTORICAL LOCATION INFORMATION THAT WAS ACCESSED IN3
COMPLIANCE WITH SUBSECTION (2) OF THIS SECTION MAY ONLY BE4
RETAINED FOR FIVE DAYS OR MORE IF:5
(A) A VALID JUDICIAL WARRANT OR VALID COURT ORDER6
EXPRESSLY AUTHORIZES THE GOVERNMENT OFFICIAL OR ENTITY TO RETAIN7
THE HISTORICAL LOCATION INFORMATION FOR A PERIOD OF FIVE DAYS OR8
LONGER; OR9
(B) THE INFORMATION IS NECESSARY TO PRESERVE EVIDENCE IN10
AN ACTIVE CRIMINAL INVESTIGATION OR OTHER LEGAL PROCEEDING AND11
THE SUPERVISOR OF THE INVESTIGATION MAKES A WRITTEN12
DETERMINATION, BASED ON SPECIFIC AND ARTICULABLE FACTS , THAT13
RETAINING THE HISTORICAL LOCATION INFORMATION FOR FIVE DAYS OR14
MORE IS REQUIRED; OR15
(C) AN INDIVIDUAL GIVES EXPRESS CONSENT TO THEIR SPECIFIC16
HISTORICAL LOCATION INFORMATION BEING REVEALED TO A SPECIFIC17
GOVERNMENT OFFICIAL OR ENTITY AND CONSENTS TO THEIR HISTORICAL18
LOCATION INFORMATION BEING KEPT FOR FIVE DAYS OR MORE, SO LONG AS19
THE CONSENT DOES NOT ALLOW THE GOVERNMENT OFFICIAL OR ENTITY TO20
ACCESS THE HISTORICAL LOCATION INFORMATION OF AN INDIVIDUAL WHO21
HAS NOT CONSENTED.22
(III) U PON EXPIRATION OF THE APPLICABLE RETENTION PERIOD23
DESCRIBED IN THIS SUBSECTION (3)(d), THE GOVERNMENT OFFICIAL OR24
ENTITY SHALL PERMANENTLY DESTROY THE HISTORICAL LOCATION25
INFORMATION AND ANY COPIES OF THE INFORMATION IN A MANNER THAT26
RENDERS THE INFORMATION UNRECOVERABLE.27
SB26-070-10-
(IV) T HE COMPLIANCE POLICY REQUIRED PURSUANT TO1
SUBSECTION (3)(c) OF THIS SECTION MUST INCLUDE PROCEDURES TO2
ENSURE TIMELY DESTRUCTION OF THE HISTORICAL LOCATION3
INFORMATION REQUIRED PURSUANT TO THIS SUBSECTION (3)(d) AND4
VERIFICATION OF DESTRUCTION.5
(4) (a) H ISTORICAL LOCATION INFORMATION ACCESSED IN6
VIOLATION OF THIS SECTION IS NOT ADMISSIBLE AS EVIDENCE IN ANY7
CRIMINAL OR CIVIL PROCEEDING OR ANY OTHER JUDICIAL, QUASI-JUDICIAL,8
OR ADMINISTRATIVE HEARING OR PROCEEDING.9
(b) A GOVERNMENT ENTITY SHALL HAVE A WRITTEN, MANDATORY10
DISCIPLINARY POLICY THAT INCLUDES PROVISIONS FOR SUSPENDING OR11
REVOKING A GOVERNMENT OFFICIAL 'S ACCESS TO ANY DATABASE THAT12
INCLUDES HISTORICAL LOCATION INFORMATION WHEN THE GOVERNMENT13
OFFICIAL VIOLATES ANY PROVISION OF THIS SECTION . A GOVERNMENT14
ENTITY SHALL NOT DEVIATE FROM ITS WRITTEN DISCIPLINARY POLICY15
AFTER A FINDING THAT A GOVERNMENT OFFICIAL VIOLATED A PROVISION16
OF THIS SECTION.17
(5) A POLITICAL SUBDIVISION OF THE STATE SHALL NOT ADOPT A18
LAW OR POLICY THAT ALLOWS GOVERNMENT OFFICIALS OR ENTITIES TO19
ACCESS HISTORICAL LOCATION INFORMATION IN A MANNER LESS20
RESTRICTIVE THAN PROVIDED IN THIS SECTION.21
(6) FOR PURPOSES OF THIS SECTION, A SUBPOENA IS NOT A VALID22
COURT ORDER.23
SECTION 4. In Colorado Revised Statutes, 24-72-202, amend24
(6)(b)(XVII) and (6)(b)(XVIII); and add (6)(b)(XIX) as follows:25
24-72-202. Definitions.26
As used in this part 2, unless the context otherwise requires:27
SB26-070-11-
(6) (b) "Public records" does not include:1
(XVII) A complaint of harassment or discrimination, as described2
in section 22-1-143, that is unsubstantiated and all records related to the3
unsubstantiated complaint, including records of an investigation into the4
complaint; or5
(XVIII) Jail assessments conducted pursuant to section 30-10-5306
(5)(d) or 24-31-118; OR7
(XIX) H ISTORICAL LOCATION INFORMATION , AS DEFINED IN8
SECTION 16-3-313 (1).9
SECTION 5. Act subject to petition - effective date -10
applicability. (1) This act takes effect at 12:01 a.m. on the day following11
the expiration of the ninety-day period after final adjournment of the12
general assembly (August 12, 2026, if adjournment sine die is on May 13,13
2026); except that, if a referendum petition is filed pursuant to section 114
(3) of article V of the state constitution against this act or an item, section,15
or part of this act within such period, then the act, item, section, or part16
will not take effect unless approved by the people at the general election17
to be held in November 2026 and, in such case, will take effect on the18
date of the official declaration of the vote thereon by the governor.19
(2) This act applies to violations on or after the applicable20
effective date of this act.21
SB26-070-12-