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CO SB071

CO SB071
Use of Surveillance Technology by Law Enforcement


summary

Introduced
01/28/2026
In Committee
01/28/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

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 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.

AI Summary

This bill, titled the "Surveillance Accountability and Freedom Ensured (SAFE) Act," establishes regulations for law enforcement agencies' use of surveillance technology, effective July 1, 2027. It mandates that such technology, including facial recognition systems, automated license plate readers, traffic cameras, and drones, must only be used for lawful purposes directly related to public safety or active investigations. Specific restrictions are placed on facial recognition, requiring a warrant or exigent circumstances, while traffic and license plate readers are limited to public spaces for specific enforcement actions like traffic violations or identifying stolen vehicles, and drone operations must comply with federal aviation regulations. The bill also sets strict limits on how long surveillance data can be stored, depending on the technology used, and prohibits its sale, though sharing with other agencies for active investigations is permitted under certain conditions. Furthermore, law enforcement agencies must permanently destroy data once retention periods expire or it's no longer needed for an investigation, and they must provide residents with information about their compliance with the SAFE Act upon request, free of charge. The Attorney General will conduct audits every two years and can take civil action to enforce the law, with violations potentially leading to civil penalties.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judiciary Committee Hearing (13:30:00 2/23/2026 Old Supreme Court) (on 02/23/2026)

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