(1) No person shall utilize an automated dialing system with a prerecorded message for the purpose of soliciting another person to purchase goods or services, whether such solicitation occurs or is intended to occur during the prerecorded message or during some further communication initiated by or resulting from the prerecorded message, unless there is an existing business relationship between such persons and the person being called then consents to hear the prerecorded message.
(2) Any person who violates this section commits a petty offense.
Source: L. 79: Entire section added, p. 745, � 1, effective July 1. L. 88: (1) amended, p. 348, � 15, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3208, � 336, effective March 1, 2022.
18-9-312. Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications. (1) (a) Notwithstanding the provisions of sections 18-9-302 to 18-9-311, any supervising representative of a law enforcement agency shall have the authority to order a previously designated security employee of a communications or internet access provider to arrange, to the extent the necessary technology is reasonably available to the provider, to cut, reroute, or divert telephone lines or cellular or digital communications signals if the supervising representative has probable cause to believe that:
(I) A person has taken one or more other persons hostage and is holding the hostages in the geographical area in which the supervising representative has jurisdiction; or
(II) A person has barricaded himself or herself in a structure or a motor vehicle within the geographical area in which the supervising representative has jurisdiction and the supervising representative has a reasonable belief that the person is armed with a deadly weapon or explosive device and poses a danger to himself or herself or others.
(b) The supervising representative of a law enforcement agency may order the cutting, rerouting, or diverting of telephone lines or cellular or digital communications signals pursuant to paragraph (a) of this subsection (1) only for the purpose of preventing telephone or other electronic, cellular, or digital communication by the hostage holder or the armed person with any person other than a peace officer or a person authorized by the peace officer. The communications or internet access provider shall restore the normal operations of the telephone lines or cellular or digital communications signals as soon as practicable following resolution of the exigent circumstances.
(1.5) (a) Notwithstanding the provisions of sections 18-9-302 to 18-9-311, any supervising representative of a law enforcement agency may order a previously designated security employee of a wireless telecommunications provider to provide to the law enforcement agency, without requiring the agency to obtain a court order, location information concerning the telecommunications device of a named person if the supervising representative has probable cause to believe that:
(I) An emergency situation exists that involves the risk of death or serious bodily injury to the named person or to another person who is in the named person's company; and
(II) The time required to obtain a search warrant or other court order authorizing the acquisition of the information would increase such risk.
(b) A wireless telecommunications provider may establish protocols by which the provider discloses location information, provided that such protocols shall include keeping a record of:
(I) The name of the supervising representative of a law enforcement agency that requested the location information; and
(II) The time and date when the request was made.
(c) With regard to compliance with the requirements of this subsection (1.5), no cause of action may be brought against any wireless telecommunications provider, its officers, employees, agents, or other specified persons for providing location information in response to a request from a law enforcement agent with actual or apparent authority to act as a supervising representative under this subsection (1.5).
(d) A law enforcement agency that acquires information pursuant to this subsection (1.5) shall not divulge the acquired information to any person other than to another law enforcement agency, or an employee thereof, unless the law enforcement agency has obtained a court order stating that the information was lawfully obtained and authorizing the law enforcement agency to retain the information, as described in subparagraph (I) of paragraph (d) of this subsection (1.5).
(e) (I) Not more than forty-eight hours after ordering a previously designated security employee of a wireless telecommunications provider to provide information as described in paragraph (a) of this subsection (1.5), a law enforcement agency shall request a court order stating whether:
(A) At the time that the supervising representative of a law enforcement agency ordered the previously designated security employee of a wireless telecommunications provider to provide the information, the supervising representative had probable cause to believe that the conditions described in paragraph (a) of this subsection (1.5) existed; and
(B) The law enforcement agency may retain the information for a bona fide investigative purpose.
(II) Unless a court orders that the law enforcement agency may retain the information for a bona fide investigative purpose, as described in sub-subparagraph (B) of subparagraph (I) of this paragraph (e), the law enforcement agency shall destroy the information and not retain any copy of the information for any purpose.
(III) If the court issues an order stating that the supervising representative of the law enforcement agency did not have probable cause to believe that the conditions described in paragraph (a) of this subsection (1.5) existed and that the information was not lawfully obtained, then neither the information nor any other evidence that is obtained as a result of the law enforcement agency's acquisition of the information may be admitted in any subsequent criminal proceeding unless the information or other evidence was also acquired independently in a lawful manner.
(IV) Any ruling by a court that the information obtained may be retained for a bona fide investigative purpose shall not be considered a ruling on the admissibility of the evidence in any criminal proceeding under the constitutional and statutory provisions of the United States or Colorado.
(2) The serving communications or internet access provider within the geographical area of a law enforcement agency shall designate a security official employed by the provider and an alternate to provide all required assistance to law enforcement officials to carry out the purposes of this section.
(3) Good faith reliance on an order by any supervising representative of a law enforcement agency shall constitute a complete defense to any action brought against a communications or internet access provider or any of its employees or agents in connection with actions taken under this section. A communications or internet access provider and its employees or agents shall not be liable in any civil action to any person or entity for injuries, death, or loss to any person or property incurred as a result of any act or omission resulting from, connected with, or incidental to compliance with this section.
Source: L. 81: Entire section added, p. 976, � 17, effective July 1. L. 2009: Entire section amended, (SB 09-284), ch. 337, p. 1781, � 1, effective June 1. L. 2013: (1.5) added, (HB 13-1308), ch. 214, p. 892, � 1, effective May 13.
18-9-313. Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Child representative means:
(I) An employee of or contractor with the office of the child's representative created in section 13-91-104; or
(II) The staff of contractors with the office of the child's representative who are members of an attorney's legal team who assist with the attorney's legal representation of children, youth, and juveniles.
(b) Code enforcement officer means a municipal, county, or city and county employee or contractor who is responsible for the administration and enforcement of land use, zoning regulations, building codes, health codes, floodplain regulations, and other similar health and safety codes.
(b.5) Educator means a teacher, principal, administrator, special services provider, and an education support professional, as defined in section 22-2-502 (1.5).
(c) Exempt party means any party to the record, a settlement service, a title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.
(c.5) Firefighter has the same meaning as set forth in section 18-3-201 (1.5).
(d) Health-care worker means a licensed health-care provider, or an employee, contracted health-care provider, or individual serving in a governance capacity of a health-care facility licensed pursuant to section 25-1.5-103.
(e) Human services worker means:
(I) A state or county employee, or an attorney representing the state or county, who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect pursuant to article 3 of title 19, and a state or county support staff person who has contact with the public relating to these allegations;
(II) A state or county employee, or an attorney representing the state or county, who is engaged in investigating or taking legal action regarding allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26, and a state or county support staff person who has contact with the public relating to these allegations;
(III) A state or county employee, including a county attorney or an employee of a person under contract with a state or county, who is engaged in establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26, and a state or county support staff person who has contact with the public relating to these duties;
(IV) A state or county employee, including a county attorney, who is engaged in determining eligibility for or investigating fraud in public programs established in article 2 of title 26, and who has contact with the public relating to these duties; or
(V) An employee of a juvenile detention facility established and operated pursuant to section 19-2.5-1502 or an employee of the division of youth services within the department of human services, including an employee under contract with the division of youth services, who has contact with juveniles involved with youth services.
(f) Immediate family means a protected person's spouse, child, or parent or any other blood relative who lives in the same residence as the protected person.
(g) Judge has the same meaning as defined by section 18-8-615 (3).
(h) Mortgage servicer has the same meaning as set forth in section 5-21-103 (4).
(i) Office of the respondent parents' counsel staff member or contractor means:
(I) An employee of the office of the respondent parents' counsel created in section 13-92-103;
(II) An attorney licensed and in good standing in the state of Colorado to practice law who contracts with the office of the respondent parents' counsel to represent indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19; or
(III) A social worker, family advocate, or peer advocate who contracts with the office of the respondent parents' counsel to assist attorneys in the representation of indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19.
(j) Participant in the address confidentiality program means an individual accepted into the address confidentiality program in accordance with part 21 of article 30 of title 24.
(k) Peace officer has the same meaning as described in section 16-2.5-101.
(l) Personal information means the home address, home telephone number, personal mobile telephone number, pager number, personal email address, or a personal photograph of a participant in the address confidentiality program or protected person; directions to the home of a participant in the address confidentiality program or protected person; or photographs of the home or vehicle of a participant in the address confidentiality program or protected person.
(m) Prosecutor has the same meaning as defined in section 18-8-616 (3).
(n) Protected person means an educator, a code enforcement officer, a human services worker, a public health worker, a child representative, a health-care worker, a reproductive health-care services worker, an officer or agent of the state bureau of animal protection, an animal control officer, an office of the respondent parents' counsel staff member or contractor, a judge, a peace officer, a prosecutor, a public defender, a public safety worker, or a firefighter.
(o) Public defender means an attorney employed by the office of the state public defender created in section 21-1-101, or an attorney employed by the office of alternate defense counsel created in section 21-2-101.
(p) Public health worker means:
(I) An employee, a contractor, or an employee of a contractor of the department of public health and environment, created in section 25-1-102, who is engaged in public health duties, as described in section 25-1.5-101;
(II) An employee, a contractor, or an employee of a contractor of a county or district public health agency, as defined in section 25-1-502, who is engaged in public health duties, as described in section 25-1-506; or
(III) A member of a county or district board of health, other than an elected county commissioner.
(q) Public safety worker means:
(I) An employee, a contractor, or an employee of a contractor of the department of corrections who has contact with persons in the custody of the department of corrections or with the family or associates of such persons;
(II) A noncertified deputy sheriff or detention officer, as described in section 16-2.5-103 (2), who has contact with inmates; or
(III) An employee, a contractor, or an employee of a contractor of a community corrections program, as defined in section 17-27-102, who has contact with offenders in a community corrections program.
(q.5) Reproductive health-care services worker means a patient who relocated to Colorado, a provider, or an employee of an organization that provides or assists individuals in accessing a legally protected health-care activity, as defined in section 12-30-121 (1)(d).
(r) Settlement service has the same meaning as set forth in section 10-11-102 (6.7)(a) to (6.7)(f).
(s) Title insurance agency has the same meaning as set forth in section 10-11-102 (8.5).
(t) Title insurance company has the same meaning as set forth in section 10-11-102 (10).
(2) Repealed.
(2.5) An address confidentiality program participant may submit a written request to a state or local government official and follow the process in section 24-30-2108, C.R.S., including the presentation of a valid address confidentiality program authorization card. If a state or local government official has received the above information, then the state or local government official shall not knowingly make available on the internet personal information about such participant in the address confidentiality program or the actual address, as defined in section 24-30-2103 (1), C.R.S., of such participant in the address confidentiality program.
(2.7) It is unlawful for a person to knowingly make available on the internet personal information about a protected person or the protected person's immediate family if the dissemination of personal information poses an imminent and serious threat to the protected person's safety or the safety of the protected person's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.
(2.8) (a) A protected person may submit a written request pursuant to subsection (2.8)(b) of this section to a state or local government official to remove personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the protected person or the protected person's immediate family.
(b) A protected person's written request to a state or local government official to remove personal information from records that the official makes available on the internet must include:
(I) The protected person's full name and home address;
(II) Evidence that the person submitting the request is a protected person; and
(III) An affirmation stating under penalty of perjury that the person submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the person's safety or the safety of the person's immediate family.
(c) An exempt party may access a record that includes information otherwise subject to redaction pursuant to subsection (2.8)(b) of this section, and that is maintained by the county recorder, county assessor, or county treasurer, if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.
(d) Each county recorder, county assessor, or county treasurer shall grant an exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.
(3) A violation of subsection (2.7) of this section is a class 1 misdemeanor.
Source: L. 2002: Entire section added, p. 1139, � 1, effective July 1. L. 2003: (2) amended, p. 1616, � 14, effective August 6. L. 2009: (1) and (2) amended, (HB 09-1316), ch. 313, p. 1696, � 1, effective May 21. L. 2015: (1)(a.9) and (2.5) added and (1)(b) amended, (HB 15-1174), ch. 42, p. 103, � 1, effective March 20; (1)(a.5) amended, (HB 15-1229), ch. 239, p. 885, � 2, effective May 29. L. 2019: (1) and (3) amended and (2.7) and (2.8) added, (HB 19-1197), ch. 95, p. 349, � 1, effective April 11. L. 2020: (1)(a), (1)(b), (1)(e), (2.7), and (2.8) amended, (HB 20-1052), ch. 77, p. 315, � 1, effective September 14. L. 2021: IP(1), (1)(b) (1)(e), (2.7), and (2.8) amended and (1)(f) and (1)(g) added, (HB 21-1107), ch. 153, p. 876, � 1, effective May 18; IP(1), (1)(b), (1)(e), (2.7), (2.8), and (3) amended, (1)(b.5), (1)(d.5), (1)(e.5), (1)(f), (1)(f.6), and (1)(h) added, and (1)(c) and (2) repealed, (HB 21-1015), ch. 311, p. 1899, � 1, effective June 24; (1)(a)(V) amended, (SB21-059), ch. 136, p. 724, � 55, effective October 1. L. 2022: (1) and (2.8)(b) amended and (2.8)(c) and (2.8)(d) added, (HB 22-1041), ch. 39, p. 207, � 1, effective March 24; (1)(b.5) added and (1)(n) amended, (SB 22-171), ch. 240, p. 1781, � 1, effective May 26. L. 2023: (1)(d) and (1)(n) amended and (1)(q.5) added, (SB 23-188), ch. 68, p. 247, � 15, effective April 14. L. 2024: (1)(c.5) added and (1)(n) amended, (HB 24-1104), ch. 64, p. 214, � 1, effective August 7.
Editor's note: Amendments to subsections (1)(b), (1)(e), and (1)(f) by HB 21-1107 and HB 21-1015 were harmonized.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
18-9-313.5. Personal information on the internet - election officials - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Election duties means activities required or authorized by law to conduct public elections pursuant to the Uniform Election Code of 1992, articles 1 to 13 of title 1; the Colorado Local Government Election Code, article 13.5 of title 1; the Colorado Municipal Election Code of 1965, article 10 of title 31; or parts 8 and 9 of article 1 of title 32.
(b) Election official means a county clerk and recorder, a municipal clerk, an election judge, a member of a canvassing board, a member of a board of county commissioners, a member or secretary of a board of directors authorized to conduct public elections, a representative of a governing body, or any other person contracting for or engaged in the performance of election duties. Election official includes any person who is an election worker.
(c) Election worker means a county clerk and recorder, a person currently employed by a county to perform election duties, a municipal clerk, a person currently employed by a municipal government to perform election duties, the secretary of state, and a person currently employed by the secretary of state to perform election duties. Election worker does not include an election judge or a temporary employee of a county, municipal government, or the secretary of state.
(d) Exempt party means any party to the record, a settlement service, a title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.
(e) Immediate family means:
(I) An election official's spouse, child, or parent; or
(II) Any other person who lives in the same residence as the election official.
(f) Mortgage servicer has the same meaning as set forth in section 5-21-103 (4).
(g) Personal information means a person's home address, home telephone number, personal mobile telephone number, pager number, or personal email address; a photograph of a person; directions to a person's home; or a photograph or description of a person's home, vehicle, or vehicle license plate.
(h) Settlement service means a service listed in section 10-11-102 (6.7)(a) to (6.7)(f).
(i) Title insurance agency has the same meaning as set forth in section 10-11-102 (8.5).
(j) Title insurance company has the same meaning as set forth in section 10-11-102 (10).
(2) (a) It is unlawful for a person to knowingly make available on the internet personal information about an election official or an election official's immediate family if the dissemination of personal information poses an imminent and serious threat to the safety of the election official or the election official's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.
(b) A violation of this subsection (2) is a class 1 misdemeanor.
(3) (a) An election worker may submit a written request pursuant to subsection (3)(b) of this section to a state or local government official to remove the election worker's personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the election worker.
(b) An election worker's written request to a state or local government official to remove personal information from records that the official makes available on the internet must include:
(I) The election worker's full name and home address;
(II) Evidence that the person submitting the request is an election worker; and
(III) An affirmation stating under penalty of perjury that the election worker submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the safety of the election worker.
(c) An exempt party may access a record that includes information otherwise subject to redaction pursuant to subsection (3)(b) of this section and that is maintained by the county recorder, county assessor, or county treasurer if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.
(d) Each county recorder, county assessor, or county treasurer shall grant an exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.
Source: L. 2022: Entire section added, (HB 22-1273), ch. 324, p. 2292, � 2, effective June 2.