Lukewarm and probably won’t be convinced that it is not a bad bill
Sponsors: Sen. Janet Buckner (D-Aurora), Sen. Dylan Roberts (D-Summit/Eagle), Sen. Dafna Michaelson Jenet (D-Commerce City), Sen. Chris Hansen (D-Denver), Rep. Matt Soper (R-Delta), Rep. Ryan Armagost (R-Centennial), Rep. Karen Nguyen (D-Thornton), Rep. Steven Zokaie (D-Arvada)
The bill prohibits government entities from accessing databases that reveal an individual’s or vehicle’s historical location information except through warrant, subpoena, court order, exigent circumstances, or individual consent. Government entities also cannot share historical location information with other entities. Violations carry $10,000 civil penalties.
The legislation defines “government entity” to include state and local government bodies and officials. It does not define “historical location information” or specify the time period that constitutes “historical.”
Current Fourth Amendment doctrine under United States v. Jones, 565 U.S. 400 (2012) and Carpenter v. United States, 585 U.S. 296 (2018) requires warrants for prolonged GPS tracking and cell-site location records. The bill extends warrant requirements to all historical location databases accessible by government.
The bipartisan sponsorship includes two Republicans—Representatives Soper and Armagost—alongside six Democrats. Questions raised include whether the broad prohibition affects routine investigations when individuals consent to location sharing, whether undefined “historical” periods create uncertainty about compliance, and whether warrant requirements for all historical location access imposes resource burdens on small law enforcement agencies.
Senate Judiciary will hear the bill Monday, February 23. Sponsors represent Aurora, Summit, Eagle, Commerce City, Denver, Delta, Centennial, Thornton, and Arvada.
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