C.R.S. Section 24-18-308
Use of facial recognition service by agencies

  • disclosure to criminal defendant required
  • warrants

(1)

An agency shall disclose its use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial.

(2)

In January of each year, any judge who has issued or extended a warrant for the use of a facial recognition service as described in section 24-18-307 during the preceding year, or who has denied approval of such a warrant during that year, shall report to the state court administrator:

(a)

The fact that a warrant or extension was applied for;

(b)

The fact that the warrant or extension was granted as applied for, was modified, or was denied;

(c)

The period of surveillance authorized by the warrant and the number and duration of any extensions of the warrant;

(d)

The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and

(e)

The nature of the public spaces where the surveillance was conducted.

(3)

In January of each year, any agency that has applied for a warrant or an extension of a warrant for the use of a facial recognition service to engage in any surveillance as described in section 24-18-307 shall provide to the agency’s reporting authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance with the use of a facial recognition service.

Source: Section 24-18-308 — Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑18‑101
Legislative declaration 24‑18‑102
Definitions 24‑18‑103
Public trust - breach of fiduciary duty 24‑18‑104
Rules of conduct for all public officers, members of the general assembly, local government officials, and employees 24‑18‑105
Ethical principles for public officers, local government officials, and employees 24‑18‑106
Rules of conduct for members of the general assembly 24‑18‑107
Ethical principles for members of the general assembly 24‑18‑108
Rules of conduct for public officers and state employees 24‑18‑108.5
Rules of conduct for members of boards and commissions 24‑18‑109
Rules of conduct for local government officials and employees 24‑18‑110
Voluntary disclosure 24‑18‑112
Board of ethics for the executive branch - created - duties 24‑18‑113
Board of ethics for the general assembly - created - duties 24‑18‑201
Interests in contracts 24‑18‑202
Interest in sales or purchases 24‑18‑203
Voidable contracts 24‑18‑204
Dealings in warrants and other claims prohibited 24‑18‑205
Settlements to be withheld on affidavit 24‑18‑206
Penalty 24‑18‑301
Definitions 24‑18‑302
Notice of intent to use facial recognition service - accountability reports - public review and comment - notice - exemption 24‑18‑303
Use of facial recognition service - meaningful human review of certain decisions required 24‑18‑304
Use of facial recognition service - testing required before use in certain contexts - testing capability required - exemption 24‑18‑305
Use of facial recognition service - training of users required 24‑18‑306
Use of facial recognition service - record keeping required 24‑18‑307
Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants 24‑18‑308
Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants 24‑18‑309
Use of facial recognition service - applicability and exemptions
Green check means up to date. Up to date

Current through Fall 2024

§ 24-18-308’s source at colorado​.gov