Page 5 - Photographic Documentation - AFI-LLC Newsletter May 2021

Photographic Documentation - AFI-LLC Newsletter May 2021

-- view the bill at www.congress.gov/bill/117th-congress/house-bill/842

Colorado and Other State Legislative News
The Professional Private Investigators Association of Colorado (PPIAC – www.PPIAC.org) continues to closely monitor
pending and introduced legislation. Colorado has seen multiple bills introduced, which impact our profession and our
clients.
• Prohibit the bulk sale of state data, including DMV records – In testimony the bill sponsor stated this arose from
harassing car warranty calls and this data coming from vehicle sales records. Other testimony corrected this data is
not from DMV records, and prohibiting these records would greatly impact important investigations, such as child
support enforcement. The bill sponsor agreed to revisit the issue if the bill made it out of committee – it did not.
• Require state and local governments to remove all personal data from all records, and notify consumers every 90
days to request removal. This bill was pulled by the sponsor after a $2 BILLION price tag to implement was attached,
requiring 6,500 new employees, and annual costs not much better.
• Security licensing bill introduced in the wake of a Denver unlicensed security guard fatally shooting a protestor in
June 2020. Colorado does not have state licensing, it is to the individual cities and counties. This is being monitored
and the bill sponsor has been receptive to concerns. The governor has already expressed his potential veto.
• New consumer privacy bill introduced. Presently it does not have an impact on the investigative profession and is
being monitored. It does provide for needed consumer protections, the manner may be onerous to big tech.
• New criminal records automatically sealed bill introduced. This bill would automatically seal most misdemeanor and
felony criminal records in a designated period of time (3 years for misdemeanors and 7 years for felonies) after a
person has completed any sentencing imposed, and has not had an arrest or conviction during that time. It would
also automatically remove any arrest information without charges after one year. These would be at no charge and
no petition by the person. This would include all court and law enforcement (local and Colorado Bureau of
Investigation) and prosecutor records. These would not be allowed used in an employment or housing background
check, or civil or criminal process. The intent to remove barriers to housing and employment (which involve a very
small percentage of convicted persons) is overshadowed by the unintended consequences to the judicial system.

Other State Legislative News
Arizona SB194 (previously HB2320) Criminal Records Expungement bill
(Arizona Association of Licensed Private Investigators – AALPI – Legislative Committee – Rich Robertson, CLI)
Until now, Arizona has not had expungement on its books. Criminal defendants could seek “set asides,” but the record
still exists for all to see and they still had to disclose their history when asked. That would change under SB194
(previously HB2320), a bipartisan effort to allow for certain court, police, jail, and prison records to be sealed after a
period of time. If their records are sealed, it would allow defendants to answer “no” to the have-you-ever-been-arrested
questions on employment or housing applications.

NCISS member, Rich Robertson CLI, on behalf of the Arizona Association of Licensed Private Investigators (AALPI) was
involved in behind-the-scenes negotiations and he testified before legislative committees. Problems remain from an
investigative perspective, but the sponsor agreed to roll back some of the provisions including making sure criminal
defendants would receive full background disclosures about accusers and witnesses against them.

California Updates – DMV Access and SB 731 Sealing Criminal Histories
(California Association of Licensed Investigators – CALI – Legislative Committee – Francie Koehler, CLI and NCISS Past
President)
CALI continues to work with NCISS and other state associations while advocating to preserve the newly-achieved
statutory authorization for licensed private investigators to hire the services of another licensed private investigator
without that person being considered an employee, to prevent legislation providing an exemption from the PI Act for
human resource consultant businesses, to ensure the implementation of the state’s landmark California Consumer
Privacy Act (CCPA) do not negatively impact the information critical to investigations, to protect the availability of public
records including DMV information for investigations, and to object to proposals that would - prospectively and
retroactively - seal conviction and arrest records.

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