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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0597.01 Christopher McMichael x4775 SENATE BILL 26-071
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING THE REGULATION OF LAW ENFORCEMENT SURVEILLANCE101
TECHNOLOGIES TO PROTECT CITIZENS.102
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 establishes the "Surveillance Accountability and Freedom
Ensured (SAFE) Act" (SAFE Act). On and after July 1, 2027, the SAFE
Act requires a law enforcement agency to use surveillance technology
only for lawful purposes directly related to public safety or for an active
investigation.
If a law enforcement agency uses surveillance technology to
SENATE SPONSORSHIP
Zamora Wilson,
HOUSE SPONSORSHIP
(None),
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.
collect surveillance data, the law enforcement agency must comply with
certain requirements related to the collection, storage, sharing, and
destruction of the data.
The law enforcement agency must ensure that:
!Facial recognition systems are only used after a warrant is
obtained or in exigent circumstances when there is an
imminent threat to public safety;
! Traffic cameras and automated license plate readers must
only be used in public spaces and for specific enforcement
purposes, such as traffic violations or identifying stolen
vehicles; and
! Drone cameras are operated in compliance with federal
aviation administration regulations.
A law enforcement agency may store data collected by surveillance
technology only for a specified amount of time depending on the type of
technology used and how the data is collected or until an active
investigation is concluded.
A law enforcement agency shall not sell any data that is collected
from its surveillance technologies, but the law enforcement agency may
share the surveillance data with another law enforcement agency if the
data is related to an active investigation and the other law enforcement
agency agrees to comply with the requirements of the SAFE Act. A law
enforcement agency must also ensure that surveillance data is
permanently destroyed at the end of an applicable retention period or once
the data is no longer needed for the matter. The bill creates civil penalties
for violations of these provisions.
The bill also requires a law enforcement agency to make certain
information related to the law enforcement agency's compliance with the
SAFE Act available to residents who request it at no cost to the resident.
The bill requires the attorney general to conduct an audit of a law
enforcement agency every 2 years and authorizes the attorney general to
bring a civil action to enforce the SAFE Act.
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
"Surveillance Accountability and Freedom Ensured (SAFE) Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds and declares that:5
(a) The use of surveillance technologies by law enforcement6
agencies, including the use of speed cameras, automated license plate7
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readers, red-light cameras, pole-mounted cameras, drones, and facial1
recognition systems, can enhance public safety by aiding in the2
prevention, detection, and investigation of crimes;3
(b) However, the unchecked deployment and use of surveillance4
technologies pose significant risks to the privacy, civil liberties, and5
constitutional rights of Coloradans, including the potential for6
surveillance without a warrant, misuse of data, and disproportionate7
impacts on marginalized communities;8
(c) It is necessary to establish clear guardrails on the use,9
collection, storage, access, sharing, and destruction of data obtained10
through surveillance technologies in order to strike a proper balance11
between protecting privacy and promoting public safety; and12
(d) These guardrails must include mechanisms for public13
transparency and accountability with minimal bureaucratic hurdles to14
ensure compliance and build public trust.15
SECTION 3. In Colorado Revised Statutes, add part 15 to article16
31 of title 24 as follows:17
PART 1518
SURVEILLANCE ACCOUNTABILITY FOR LAW19
ENFORCEMENT AGENCIES20
24-31-1501. Definitions.21
AS USED IN THIS PART 15, UNLESS THE CONTEXT OTHERWISE22
REQUIRES:23
(1) "AUTHORIZED PERSONNEL" MEANS AN EMPLOYEE OF A LAW24
ENFORCEMENT AGENCY WHO HAS BEEN TRAINED AND CERTIFIED IN THE25
PROPER USE AND HANDLING OF SURVEILLANCE DATA, AS DETERMINED BY26
THE LAW ENFORCEMENT AGENCY 'S POLICY DEVELOPED IN COMPLIANCE27
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WITH THIS PART 15.1
(2) "INVESTIGATION" MEANS AN ACTIVE INQUIRY INTO A SPECIFIC2
ALLEGED VIOLATION OF LAW BASED ON REASONABLE SUSPICION OR3
PROBABLE CAUSE.4
(3) "L AW ENFORCEMENT AGENCY " HAS THE SAME MEANING AS5
"STATE OR LOCAL LAW ENFORCEMENT AGENCY" AS DEFINED IN SECTION6
24-33.5-115 (4)(b).7
(4) "S URVEILLANCE DATA " MEANS INFORMATION COLLECTED ,8
RECORDED, OR GENERATED BY SURVEILLANCE TECHNOLOGY, INCLUDING9
IMAGES, VIDEOS, METADATA, LICENSE PLATE NUMBERS , FACIAL SCANS ,10
LOCATION DATA, OR DERIVED ANALYTICS.11
(5) (a) "S URVEILLANCE TECHNOLOGY" MEANS AN ELECTRONIC12
DEVICE OR SYSTEM USED BY A LAW ENFORCEMENT AGENCY FOR THE13
PURPOSE OF MONITORING , RECORDING , OR ANALYZING INDIVIDUALS ,14
VEHICLES, OR PUBLIC SPACES.15
(b) "SURVEILLANCE TECHNOLOGY" INCLUDES:16
(I) SPEED CAMERAS;17
(II) AUTOMATED LICENSE PLATE READERS;18
(III) RED-LIGHT CAMERAS;19
(IV) POLE-MOUNTED CAMERAS;20
(V) D RONES OR OTHER UNMANNED AERIAL VEHICLE21
SURVEILLANCE SYSTEMS;22
(VI) FACIAL RECOGNITION SOFTWARE OR SYSTEMS; AND23
(VII) O THER TECHNOLOGY USED BY A LAW ENFORCEMENT24
AGENCY TO CAPTURE VISUAL, AUDIO, OR LOCATION INFORMATION.25
24-31-1502. Restrictions on surveillance data collection by law26
enforcement agencies - public impact assessment.27
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(1) A LAW ENFORCEMENT AGENCY MAY USE SURVEILLANCE1
TECHNOLOGY ONLY FOR LAWFUL PURPOSES DIRECTLY RELATED TO PUBLIC2
SAFETY, INCLUDING TRAFFIC ENFORCEMENT, CRIME PREVENTION, OR AN3
ACTIVE INVESTIGATION.4
(2) A LAW ENFORCEMENT AGENCY THAT USES SURVEILLANCE5
TECHNOLOGY TO COLLECT SURVEILLANCE DATA SHALL:6
(a) U SE THE SURVEILLANCE TECHNOLOGY ONLY IN A MANNER7
THAT IS TARGETED AND MINIMIZES INCIDENTAL CAPTURE OF8
NONRELEVANT INDIVIDUALS OR ACTIVITIES;9
(b) USE FACIAL RECOGNITION SYSTEMS ONLY AFTER OBTAINING A10
WARRANT OR IN EXIGENT CIRCUMSTANCES WHEN THERE IS AN IMMINENT11
THREAT TO PUBLIC SAFETY;12
(c) C ONFIGURE AUTOMATED LICENSE PLATE READERS , SPEED13
CAMERAS, RED -LIGHT CAMERAS , TRAFFIC CAMERAS , AND OTHER14
SURVEILLANCE TECHNOLOGY USED IN TRAFFIC ENFORCEMENT TO CAPTURE15
SURVEILLANCE DATA ONLY FROM PUBLIC SPACES AND FOR SPECIFIC LAW16
ENFORCEMENT PURPOSES , SUCH AS IDENTIFYING STOLEN VEHICLES OR17
ENFORCING TRAFFIC LAWS; AND18
(d) O PERATE DRONES OR OTHER UNMANNED AERIAL VEHICLE19
SURVEILLANCE SYSTEMS ONLY IN COMPLIANCE WITH FEDERAL AVIATION20
ADMINISTRATION REGULATIONS AND SHALL INCLUDE REAL-TIME LOGGING21
OF FLIGHT PATHS AND SURVEILLANCE DATA COLLECTION SCOPES.22
(3) (a) B EFORE A LAW ENFORCEMENT AGENCY PURCHASES ,23
CONTRACTS FOR OR RENEWS A CONTRACT FOR, DEPLOYS IN A NEW WAY OR24
LOCATION, OR UPGRADES A SURVEILLANCE TECHNOLOGY , THE LAW25
ENFORCEMENT AGENCY SHALL:26
(I) C ONDUCT A PUBLIC PRIVACY IMPACT ASSESSMENT THAT27
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INCLUDES COMMUNITY INPUT AND AN OPPORTUNITY FOR PUBLIC1
TESTIMONY; AND2
(II) OBTAIN APPROVAL FROM THE GOVERNING BODY OF THE STATE3
OR LOCAL GOVERNMENT ENTITY THAT OVERSEES THE LAW ENFORCEMENT4
AGENCY.5
(b) T HE REQUIREMENTS OF SUBSECTION (3)(a) OF THIS SECTION6
APPLY TO A LAW ENFORCEMENT AGENCY THAT CURRENTLY USES7
SURVEILLANCE TECHNOLOGY WHENEVER THE LAW ENFORCEMENT8
AGENCY:9
(I) R ENEWS A CONTRACT FOR THE USE OF SURVEILLANCE10
TECHNOLOGY;11
(II) P URCHASES OR DEPLOYS A NEW TYPE OF SURVEILLANCE12
TECHNOLOGY;13
(III) DEPLOYS AN EXISTING SURVEILLANCE TECHNOLOGY IN A NEW14
MANNER OR IN A NEW LOCATION; OR15
(IV) U PGRADES THE LAW ENFORCEMENT AGENCY 'S EXISTING16
SURVEILLANCE TECHNOLOGY SYSTEMS.17
24-31-1503. Surveillance data - storage and retention of data18
- destruction of data - access and sharing of data - prohibition on sale19
of data.20
(1) A LAW ENFORCEMENT AGENCY THAT COLLECTS SURVEILLANCE21
DATA SHALL ENSURE THAT THE SURVEILLANCE DATA IS STORED SECURELY,22
INCLUDING ENSURING THAT THE SURVEILLANCE DATA IS ENCRYPTED OR23
OTHERWISE RENDERED UNREADABLE TO AN UNAUTHORIZED USER BY24
USING A METHOD OR TECHNOLOGY GENERALLY ACCEPTED IN THE FIELD OF25
INFORMATION SECURITY.26
(2) U NLESS THE SURVEILLANCE DATA IS PART OF AN ACTIVE27
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INVESTIGATION:1
(a) S URVEILLANCE DATA COLLECTED FROM TRAFFIC CAMERAS ,2
SPEED CAMERAS, RED-LIGHT CAMERAS, AND AUTOMATED LICENSE PLATE3
READERS MUST NOT BE STORED FOR LONGER THAN THIRTY DAYS;4
(b) S URVEILLANCE DATA COLLECTED FROM POLE -MOUNTED5
CAMERAS, DRONES, OR OTHER UNMANNED AERIAL VEHICLE SURVEILLANCE6
SYSTEMS MUST NOT BE STORED FOR LONGER THAN NINETY DAYS; AND7
(c) SURVEILLANCE DATA COLLECTED FROM FACIAL RECOGNITION8
SOFTWARE OR SYSTEMS MUST NOT BE STORED FOR LONGER THAN SEVEN9
DAYS.10
(3) IF SURVEILLANCE DATA IS PART OF AN ACTIVE INVESTIGATION,11
THE SURVEILLANCE DATA MAY BE RETAINED UNTIL THE MATTER IS12
RESOLVED, INCLUDING THE CONCLUSION OF ANY APPEALS, BUT MUST BE13
REVIEWED ANNUALLY FOR NECESSITY AND DESTROYED IF THE DATA IS NO14
LONGER RELEVANT TO THE MATTER.15
(4) (a) A LAW ENFORCEMENT AGENCY SHALL ENSURE THAT ACCESS16
TO SURVEILLANCE DATA IS LIMITED TO AUTHORIZED PERSONNEL AND THAT17
SURVEILLANCE DATA IS ACCESSED ONLY FOR LEGITIMATE LAW18
ENFORCEMENT PURPOSES.19
(b) W HEN AUTHORIZED PERSONNEL ACCESSES SURVEILLANCE20
DATA, THE AGENCY SHALL ENSURE THAT INFORMATION RELATED TO THAT21
ACCESS IS COLLECTED, INCLUDING:22
(I) THE NAME OF THE PERSON THAT ACCESSED THE SURVEILLANCE23
DATA;24
(II) T HE DATE AND TIME THE PERSON ACCESSED THE25
SURVEILLANCE DATA; AND26
(III) T HE PURPOSE FOR WHICH THE SURVEILLANCE DATA WAS27
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ACCESSED.1
(c) T HE LAW ENFORCEMENT AGENCY SHALL RETAIN THE2
INFORMATION COLLECTED IN ACCORDANCE WITH SUBSECTION (4)(b) OF3
THIS SECTION FOR AT LEAST FIVE YEARS AFTER THE DATE THE4
SURVEILLANCE DATA WAS ACCESSED.5
(5) A LAW ENFORCEMENT AGENCY MAY SHARE SURVEILLANCE6
DATA WITH ANOTHER LAW ENFORCEMENT AGENCY IF:7
(a) THERE IS A SPECIFIC, DOCUMENTED NEED FOR THE OTHER LAW8
ENFORCEMENT AGENCY TO ACCESS THE SURVEILLANCE DATA AND THE9
NEED IS RELATED TO AN ACTIVE INVESTIGATION; AND10
(b) T HE LAW ENFORCEMENT AGENCY THAT RECEIVES THE11
SURVEILLANCE DATA AGREES , IN WRITING , TO COMPLY WITH THE12
REQUIREMENTS OF THIS PART 15.13
(6) (a) A LAW ENFORCEMENT AGENCY OR AN EMPLOYEE OR14
CONTRACTOR OF A LAW ENFORCEMENT AGENCY SHALL NOT SELL, LICENSE,15
OR OTHERWISE MONETIZE SURVEILLANCE DATA COLLECTED BY THE LAW16
ENFORCEMENT AGENCY.17
(b) A LAW ENFORCEMENT AGENCY OR AN EMPLOYEE OR18
CONTRACTOR OF A LAW ENFORCEMENT AGENCY THAT VIOLATES19
SUBSECTION (6)(a) OF THIS SECTION MAY BE SUBJECT TO CIVIL PENALTIES20
IN ACCORDANCE WITH SECTION 24-31-1505.21
(7) (a) A LAW ENFORCEMENT AGENCY SHALL PERMANENTLY AND22
SECURELY DESTROY SURVEILLANCE DATA AT THE END OF THE RETENTION23
PERIOD DESCRIBED IN SUBSECTION (2) OF THIS SECTION OR WHEN THE24
SURVEILLANCE DATA IS NO LONGER NEEDED FOR AN ACTIVE MATTER.25
(b) A LAW ENFORCEMENT AGENCY SHALL ENSURE THAT26
SURVEILLANCE DATA IS DESTROYED IN A MANNER IN WHICH THE27
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SURVEILLANCE DATA CANNOT BE RECOVERED.1
(c) A LAW ENFORCEMENT AGENCY SHALL COLLECT INFORMATION2
RELATED TO THE DESTRUCTION OF SURVEILLANCE DATA, INCLUDING THE3
DATE AND METHOD OF DESTRUCTION, AND SHALL MAINTAIN A RECORD OF4
THAT INFORMATION FOR AT LEAST FIVE YEARS AFTER THE DATE THE5
SURVEILLANCE DATA WAS DESTROYED.6
24-31-1504. Verification of compliance and transparency.7
(1) A RESIDENT OF THE JURISDICTION SERVED BY A LOCAL LAW8
ENFORCEMENT AGENCY, OR A RESIDENT OF THE STATE FOR THE COLORADO9
STATE PATROL OR COLORADO BUREAU OF INVESTIGATION, MAY REQUEST10
INFORMATION FROM THE LAW ENFORCEMENT AGENCY REGARDING THE11
AGENCY'S USE OF SURVEILLANCE TECHNOLOGY AND THE AGENCY 'S12
COLLECTION, STORAGE, AND DESTRUCTION OF SURVEILLANCE DATA THAT13
DEMONSTRATES THE LAW ENFORCEMENT AGENCY 'S COMPLIANCE WITH14
THIS PART 15. THE LAW ENFORCEMENT AGENCY SHALL PROVIDE THE15
INFORMATION REQUESTED FREE OF CHARGE TO THE RESIDENT.16
(2) A REQUEST SUBMITTED BY A RESIDENT IN ACCORDANCE WITH17
SUBSECTION (1) OF THIS SECTION MAY BE SUBMITTED TO THE LAW18
ENFORCEMENT AGENCY THROUGH EMAIL, THROUGH AN ONLINE PORTAL,19
OR BY MAIL. A LAW ENFORCEMENT AGENCY THAT RECEIVES A REQUEST20
SHALL SEND A RESPONSE TO THE RESIDENT WITHIN TEN BUSINESS DAYS21
AFTER RECEIVING THE REQUEST.22
(3) A LAW ENFORCEMENT AGENCY MAY DEMONSTRATE23
COMPLIANCE WITH THIS PART 15 IN RESPONSE TO A REQUEST SUBMITTED24
PURSUANT TO THIS SECTION BY PROVIDING THE REQUESTING RESIDENT THE25
FOLLOWING INFORMATION:26
(a) CONFIRMATION THAT SPECIFIC SURVEILLANCE DATA RELATED27
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TO THE REQUESTOR 'S PERSONAL IDENTIFYING INFORMATION HAS BEEN1
DESTROYED;2
(b) ACCESS TO ANONYMIZED LOGS THAT DEMONSTRATE WHETHER3
SURVEILLANCE DATA RELATED TO THE REQUESTOR WAS ACCESSED ,4
SHARED, OR DESTROYED; AND5
(c) R EPORTS ON THE LAW ENFORCEMENT AGENCY 'S OVERALL6
COMPLIANCE WITH THIS PART 15, INCLUDING ANY ANNUAL REPORTS OR7
AUDITS CONDUCTED PURSUANT TO SUBSECTION (4) OR (5) OF THIS8
SECTION. THE LAW ENFORCEMENT AGENCY SHALL ENSURE THAT ALL9
PERSONAL IDENTIFYING INFORMATION HAS BEEN REDACTED FROM A10
REPORT BEFORE SENDING THE REPORT TO THE REQUESTING RESIDENT.11
(4) A LAW ENFORCEMENT AGENCY THAT USES SURVEILLANCE12
TECHNOLOGY SHALL PUBLISH AN ANNUAL REPORT ON ITS PUBLICLY13
ACCESSIBLE WEBSITE THAT INCLUDES THE FOLLOWING INFORMATION:14
(a) THE TYPES OF SURVEILLANCE TECHNOLOGIES USED BY THE LAW15
ENFORCEMENT AGENCY;16
(b) AGGREGATE AND ANONYMIZED INFORMATION RELATED TO THE17
COLLECTION, RETENTION , ACCESS , SHARING , AND DESTRUCTION OF18
SURVEILLANCE DATA; AND19
(c) A NY COMPLAINTS RECEIVED BY THE LAW ENFORCEMENT20
AGENCY OR VIOLATIONS COMMITTED BY THE LAW ENFORCEMENT AGENCY21
IN RELATION TO THE USE OF SURVEILLANCE TECHNOLOGY OR THE22
COLLECTION, STORAGE, AND DESTRUCTION OF SURVEILLANCE DATA AND23
HOW THE COMPLAINTS OR VIOLATIONS WERE RESOLVED.24
(5) (a) T HE ATTORNEY GENERAL SHALL CONDUCT AN25
INDEPENDENT AUDIT OF A LAW ENFORCEMENT AGENCY THAT USES26
SURVEILLANCE TECHNOLOGY AT LEAST EVERY TWO YEARS AND PUBLISH27
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THE RESULTS OF THE AUDIT ON THE ATTORNEY GENERAL 'S PUBLICLY1
ACCESSIBLE WEBSITE.2
(b) T HE ATTORNEY GENERAL 'S AUDIT OF A LAW ENFORCEMENT3
AGENCY CONDUCTED PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION4
MUST INCLUDE:5
(I) VERIFICATION THAT THE LAW ENFORCEMENT AGENCY IS USING6
SURVEILLANCE TECHNOLOGY IN A MANNER THAT COMPLIES WITH THIS7
PART 15;8
(II) V ERIFICATION THAT THE LAW ENFORCEMENT AGENCY IS9
STORING, RETAINING, SHARING, AND DESTROYING SURVEILLANCE DATA IN10
COMPLIANCE WITH THIS PART 15; AND11
(III) A REVIEW OF OTHER RELEVANT INFORMATION OR12
DOCUMENTATION THAT THE ATTORNEY GENERAL DETERMINES IS13
NECESSARY TO VERIFY THE LAW ENFORCEMENT AGENCY 'S COMPLIANCE14
WITH THIS PART 15.15
24-31-1505. Enforcement and penalties - admissibility.16
(1) THE ATTORNEY GENERAL OR AN INDIVIDUAL AFFECTED BY A17
VIOLATION OF THIS PART 15 MAY BRING A CIVIL ACTION AGAINST A LAW18
ENFORCEMENT AGENCY.19
(2) IF A LAW ENFORCEMENT AGENCY IS FOUND TO HAVE VIOLATED20
THIS PART 15, THE COURT MAY ORDER:21
(a) INJUNCTIVE RELIEF;22
(b) C IVIL PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER23
VIOLATION;24
(c) REASONABLE ATTORNEY FEES AND COSTS; AND25
(d) DISCIPLINARY ACTION AGAINST LAW ENFORCEMENT AGENCY26
PERSONNEL, INCLUDING TERMINATION.27
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(3) IF THE COURT ORDERS CIVIL PENALTIES TO BE PAID BY A LAW1
ENFORCEMENT AGENCY IN ACCORDANCE WITH SUBSECTION (2)(b) OF THIS2
SECTION IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL, THE CIVIL3
PENALTIES SHALL BE CREDITED TO THE GENERAL FUND.4
(4) SURVEILLANCE DATA ACCESSED IN VIOLATION OF THIS PART 155
IS NOT ADMISSIBLE AS EVIDENCE IN ANY CRIMINAL OR CIVIL PROCEEDING6
OR ANY OTHER JUDICIAL, QUASI-JUDICIAL, OR ADMINISTRATIVE HEARING7
OR PROCEEDING; EXCEPT THAT THE SURVEILLANCE DATA IS ADMISSIBLE8
AGAINST A LAW ENFORCEMENT AGENCY IN A CIVIL ACTION BROUGHT9
AGAINST THE LAW ENFORCEMENT AGENCY PURSUANT TO SUBSECTION (1)10
OF THIS SECTION.11
SECTION 4. Act subject to petition - effective date -12
applicability. (1) This act takes effect July 1, 2027; except that, if a13
referendum petition is filed pursuant to section 1 (3) of article V of the14
state constitution against this act or an item, section, or part of this act15
within the ninety-day period after final adjournment of the general16
assembly, then the act, item, section, or part will not take effect unless17
approved by the people at the general election to be held in November18
2026 and, in such case, will take effect July 1, 2027.19
(2) This act applies to conduct occurring on or after the applicable20
effective date of this act.21
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