Colorado Association of Chiefs of Police Opposes Senate Bill 26-070

Senate Judiciary Committee to Hear Bill Feb. 23 in Old Supreme Court Chambers

What: Senate Judiciary Committee Hearing on Senate Bill 26-070
When: Monday, Feb. 23, 1:30 p.m.
Where: Old Supreme Court Chambers, Colorado State Capitol

“Governor Polis has set a goal of making Colorado one of the top 10 safest states in the nation. The tools addressed in Senate Bill 70 are critical to achieving that goal — helping us locate missing people, solve crimes and dismantle criminal networks. We support safeguards that protect individual rights; privacy and public safety must coexist. But Senate Bill 70 isn’t that. It adds delays when time matters most, requires warrants for basic public roadway data — information visible to anyone driving down the street — and forces destruction of evidence. Missing persons cases, sexual assault and organized auto theft investigations unfold over time. Senate Bill 70 slows investigations, fragments regional coordination and puts justice on a clock.” — Colorado Association of Chiefs of Police

Key public safety concerns include:

Delays at the earliest stages of investigations
Senate Bill 70 bans law enforcement from accessing location data more than 24 hours old without first obtaining a warrant, with only narrow exceptions. In practice, that creates a maze — not just a few bureaucratic hoops — for investigators who often begin cases with breadcrumbs of information: a partial license plate, a vague vehicle description, or limited identifying details. That’s typically not enough to establish probable cause for a warrant. And securing a warrant can take days or longer, depending on case complexity and court availability. Meanwhile, leads go cold, missing people remain missing and suspects slip away.

Destruction of evidence
The bill calls for destruction of historical location data after four days. Critical data could be erased before investigators know they need it, affecting cases involving homicide, sexual assault, missing persons, organized theft and internal investigations. Serial crimes, including rape, burglary series, vehicular homicide, often require time to identify patterns and connect cases across jurisdictions.

Fragmented investigations across jurisdictions
Senate Bill 70 restricts agencies from sharing historical location data unless they first obtain a warrant or meet narrow exigent exceptions. Auto theft rings, trafficking routes, violent suspects and missing persons cases routinely cross city and state lines — particularly in border regions like the Four Corners where Colorado, Utah, New Mexico and Arizona meet. Requiring additional procedural steps before sharing time-sensitive information slows coordination and fragments investigations when speed is critical.

Narrow exigent exceptions
The bill allows access to data without a warrant only with consent or in narrowly defined exigent circumstances — situations requiring immediate action to prevent serious harm or preserve evidence. Many real-world cases involve escalating risk that does not yet meet that strict threshold, such as a stolen vehicle linked to domestic violence threats. By limiting access to only the most extreme immediate emergencies, the bill forces officers to wait until harm is imminent, creating delay and increasing uncertainty in the field.

Safeguards already exist
Existing state law already governs the use of technologies such as facial recognition and license plate readers, including prohibitions on tracking lawful activity. Agencies statewide further restrict access and conduct audits.

Amy Fletcher Faircloth for the Colorado Association of Chiefs of Police
720-460-0276
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