(1) As used in this section, unless the context otherwise requires:
(a) Electronic communication service means a service that provides the ability to send or receive wire or electronic communications to users of the service.
(b) Electronic device means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.
(c) Government entity means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.
(d) Location information means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device on a cellular telephone network or a location information service rather than obtained from a service provider.
(e) Location information service means the provision of a global positioning service or other mapping, locational, or directional information service.
(f) Remote computing service means the provision of computer storage or processing services by means of an electronic communications system.
(2) Except as provided in subsection (3) or (4) of this section, a government entity shall not obtain the location information of an electronic device without a search warrant issued by a court pursuant to the provisions of this part 3, a subpoena, or a court order.
(3) A government entity may obtain location information of an electronic device without a warrant, subpoena, or court order under any of the following circumstances:
(a) The device is reported stolen by the owner;
(b) In order to respond to the user's call for emergency services;
(c) With the informed, affirmative consent of:
(I) The owner or user of the electronic device;
(II) The next of kin of the owner or user of the electronic device if the owner or user is believed to be deceased or is reported missing and unable to be contacted; or
(III) The child's parent or legal guardian if the owner or user is under eighteen years of age;
(d) There exist exigent circumstances such that the search would be recognized as constitutionally permissible without the warrant;
(e) A representative of the government entity has a good faith belief that his or her actions were legal and, under the information available at the time, a reasonable person would believe that his or her actions were legal;
(f) The owner or user of the electronic device has voluntarily or publicly disclosed the location information;
(g) The electronic device has been abandoned by the owner or user; or
(h) In accordance with any other judicially recognized exception to the search warrant requirement.
(4) The provisions of this section do not apply to probation departments within the judicial department or to the division of adult parole within the department of corrections.
(5) Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and shall not be used in an affidavit of probable cause in an effort to obtain a search warrant, subpoena, or court order. In order to seek suppression of evidence pursuant to this subsection (5) in any proceeding, the person seeking the suppression of evidence must have an ownership, leasehold, rental, or legitimate possessory interest in or a reasonable expectation of privacy in the electronic device at issue.
(6) (a) A court shall not admit location information obtained pursuant to this section or evidence derived from that information at a trial, hearing, or other proceeding unless the party seeking to introduce the evidence provides a copy of the warrant, subpoena, or court order and any accompanying affidavit to each party pursuant to rule 16 of the Colorado rules of criminal procedure, or any successor rule.
(b) A court may waive the requirement under paragraph (a) of this subsection (6) if the court finds that it was not possible to provide a party with the warrant, subpoena, or court order and any accompanying application within the time required by rule 16 of the Colorado rules of criminal procedure, or any successor rule, and that the party will not be prejudiced by the delay in receiving the information.
(7) An electronic communication service provider and its officers, employees, or agents are not liable for providing information, facilities, or assistance in compliance with the terms of a search warrant, subpoena, or court order issued pursuant to this section or when provided without a warrant, subpoena, or court order issued pursuant to this section or if otherwise provided for by law.
(8) This section does not apply to a law enforcement agency obtaining basic subscriber information from an electronic communications service provider pursuant to a valid subpoena, court order, or search warrant.
Source: L. 2014: Entire section added, (SB 14-193), ch. 395, p. 1992, � 2, effective June 6.
Cross references: For the legislative declaration in SB 14-193, see section 1 of chapter 395, Session Laws of Colorado 2014.
16-3-303.8. Testing for communicable diseases - court order required - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Communicable disease means a disease or infection that is spread from one person to another through the exchange of blood or other bodily fluid and the human immunodeficiency virus (HIV).
(b) Emergency medical care provider has the same meaning as defined in section 18-3-201 (1), C.R.S.
(c) Emergency medical service provider has the same meaning as defined in section 18-3-201 (1.3), C.R.S.
(d) Firefighter has the same meaning as defined in section 18-3-201 (1.5), C.R.S.
(e) Peace officer means any person described in section 16-2.5-101.
(2) Consent. Unless a person has admitted that he or she has a communicable disease and provides confirmation of the disease, a law enforcement agency shall ask a person to voluntarily consent to a blood test to determine if the person has a communicable disease if:
(a) The person committed an assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.; and
(b) During or as a result of the assault, the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease.
(3) Application. (a) A court shall order a person to submit blood required for a test for communicable diseases if an affidavit sworn to or affirmed before the judge establishes the following grounds for the order:
(I) There is probable cause that a person committed the crime of assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.;
(II) The person has been asked to voluntarily submit to a blood test for a communicable disease and the person has refused; and
(III) There is probable cause to believe that the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease.
(b) The affidavit required by paragraph (a) of this subsection (3) may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before the issuance of the court order. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for the court order must be attached to a court order issued pursuant to this section.
(4) Order. If the court is satisfied that grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue the court order, which shall:
(a) Identify the name or description of the individual who is to give the blood;
(b) Identify the names of any persons making affidavits for issuance of the order;
(c) Identify the criminal offense concerning which the order has been issued;
(d) Identify the name of the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider;
(e) Include a mandate to the officer to whom the order is directed to detain the person for only such time as is necessary to obtain the blood; and
(f) Include the typewritten or printed name of the judge issuing the order and his or her signature.
(5) Execution and return. (a) The blood tests must be conducted under medical supervision. A person who appears under an order of appearance issued pursuant to this section shall not be detained longer than is reasonably necessary to obtain the blood unless he or she is arrested for an offense.
(b) The order may be executed and returned only within thirty-five days after its issuance.
(c) The officer executing the order shall give a copy of the order to the person upon whom it is served.
(6) Disclosure of results and confidentiality. (a) The results of any test on the blood obtained pursuant to an order issued under this section must be reported to the court or the court's designee, who shall then disclose the results to any person named in paragraph (d) of subsection (4) of this section who requests the disclosure.
(b) Except as required by paragraph (a) of this subsection (6), the court shall keep the test results, disclosure of the test results, and any records relating to the test results or the disclosure of the test results confidential.
(7) Voluntary submission. If a person described in paragraph (a) of subsection (3) of this section voluntarily submits to a test for communicable diseases, the fact of the person's voluntary submission is admissible in mitigation of sentence if the person is convicted of the charged offense.
Source: L. 2016: Entire section added, (HB 16-1393), ch. 304, p. 1223, � 1, effective July 1.