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HB 1290 - Prohibits a Peace Office from Seizing a Recording Device Without Consent or Warrant - Colorado Key Vote

Stage Details

Title: Prohibits a Peace Office from Seizing a Recording Device Without Consent or Warrant

See How Your Politicians Voted

Title: Prohibits a Peace Office from Seizing a Recording Device Without Consent or Warrant

Vote Smart's Synopsis:

Vote to pass a bill that prohibits a peace office from seizing a recording device without consent or a search warrant.

Highlights:

  • Authorizes an individual to record an event involving a peace officer (Sec. 2).
  • Prohibits a peace officer from seizing a recording or recording device, unless the peace officer acquires consent from the owner, a search warrant, a subpoena, or a lawful exception to the designated warrant requirements (Sec. 2).
  • Authorizes a peace officer to temporarily confiscate and hold authority over a recording device used to record an event involving a peace officer until a search warrant is acquired, only if confiscation of the device is deemed necessary to save a life or to prevent probable evidence from being destroyed (Sec. 2).
  • Authorizes an individual to pursue civil actions against a law enforcement agency provided that a peace officer demonstrates one or more of the following behaviors (Sec. 1):
    • The peace officer unjustly destroys or damages the individual’s recording or recording
    • device;
    • The peace officer confiscates the individual’s recording or recording device without
    • proper consent or documentation;
    • The peace officer threatens or harasses the individual attempting to record an event
    • involving a peace officer; or
    • The peace officer refuses to return the individual’s recording or recording device within
    • a “reasonable” amount of time and without lawful justification.
  • Specifies that a civil action pursued by an individual seeking reimbursement from a law enforcement agency can result in the individual receiving one or more of the following compensations (Sec. 1):
    • The replacement value of the individual’s recording device;
    • The amount of $500 for any of the individual’s damaged or destroyed recordings:
    • The costs affiliated with the individual’s court fees; or
    • The amount of up to $15,000 worth of court ordered punitive damages.

 

Title: Prohibits a Peace Office from Seizing a Recording Device Without Consent or Warrant

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