1. (1) An agency shall disclose its use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial.

2. (2) In January of each year, any judge who has issued or extended a warrant for the use of a facial recognition service as described in section 24-18-307 during the preceding year, or who has denied approval of such a warrant during that year, shall report to the state court administrator:

   1. (a) The fact that a warrant or extension was applied for;
   2. (b) The fact that the warrant or extension was granted as applied for, was modified, or was denied;
   3. (c) The period of surveillance authorized by the warrant and the number and duration of any extensions of the warrant;
   4. (d) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and
   5. (e) The nature of the public spaces where the surveillance was conducted.
3. (3) In January of each year, any agency that has applied for a warrant or an extension of a warrant for the use of a facial recognition service to engage in any surveillance as described in section 24-18-307 shall provide to the agency's reporting authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance with the use of a facial recognition service.

Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3291, § 4, effective August 10.