A Bill for an Act
Page 1, Line 101Concerning measures to prevent the violation of the civil
Page 1, Line 102rights of persons in Colorado based on immigration
Page 1, Line 103status, and, in connection therewith, making an
Page 1, Line 104appropriation.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, a person who does not have lawful immigration status must submit an affidavit stating that they have either applied for lawful presence or will apply for lawful presence as soon as they are eligible when the person is applying for:
- In-state student tuition classification; or
- An identification document pursuant to the "Colorado Road and Community Safety Act".
- They were not adequately advised by defense counsel of adverse immigration consequences of a guilty plea;
- They did not knowingly, intelligently, or voluntarily waive the right to counsel because they were not advised that the right to counsel includes the right to be advised regarding immigration consequences of a guilty plea; or
- The guilty plea was constitutionally infirm.
- Required to comply with provisions that limit the disclosure, collection, and access to a person's personal identifying information;
- Required to annually report certain information concerning requests made for a person's personal identifying information; and
- Subject to a civil penalty for an intentional violation of the requirements.
The bill repeals these affidavit requirements.
Under current law, a jail custodian is generally required to release a defendant within 6 hours after the defendant has been granted a personal recognizance bond or is prepared to post bond. The bill prohibits the jail custodian from delaying a defendant's release for the purpose of an immigration enforcement operation.
Under current law, a criminal defendant may petition a court to vacate a guilty plea to a class 1 or class 2 misdemeanor or a municipal offense if the criminal defendant alleges that:
The bill extends the ability to petition a court to vacate a guilty plea to class 3 misdemeanors as classified at the time of the plea, traffic misdemeanors, and petty offenses.
Under current law, state agencies and state agencies' employees are:
The bill extends these requirements concerning a person's personal identifying information to political subdivisions and their employees.
The bill creates minimum requirements for a public child care center, public school, local education provider, public institution of higher education, or public health-care facility concerning access to its facilities or property and creates a civil penalty for a violation of the requirements. An employee who intentionally violates a requirement is subject to a civil action, and the civil action is exempt from statutory or qualified immunity.
Under current law, a peace officer who is employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office is prohibited from arresting or detaining an individual on the basis of a civil immigration detainer request. The bill extends the prohibition to a peace officer designated by the state as a peace officer.
Under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities. The bill extends this prohibition to a pretrial officer or pretrial services office employee.
The bill prohibits a peace officer or employee or agent of a detention facility from allowing federal immigration authorities access to a part of the detention facility that is not accessible to the public, unless required by a federal warrant or writ to transfer an inmate to or from federal custody.
Under current law, certain governmental entities are limited in contracting to detain an individual for federal civil immigration purposes. The bill removes the condition that the contract is for payment.
The bill prohibits a military force from another state from entering the state without the governor's permission, unless the military force from another state is acting on federal orders and acting as a part of the United States armed forces.
The bill prohibits a controller from collecting personal data beyond what is reasonable, necessary, and proportionate to provide a product or service requested by a consumer.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 3, Line 3(a) The fourth amendment of the United States constitution
Page 3, Line 4guarantees individuals the right to be free from unreasonable searches and
Page 3, Line 5seizures, and requires that warrants are supported by probable cause.
Page 3, Line 6Additionally, section 7 of article II of the state constitution addresses the security of persons and their property.
Page 3, Line 7(b) The fifth amendment of the United States constitution
Page 3, Line 8guarantees due process of law, ensuring that individuals must not be
Page 3, Line 9deprived of life, liberty, or property without fair and proper legal
Page 3, Line 10proceedings. Additionally, section 25 of article II of the state constitution
Page 3, Line 11also guarantees the right to due process.
Page 4, Line 1(c) The sixth amendment of the United States constitution
Page 4, Line 2guarantees the right to a fair and speedy trial, the right to be informed of
Page 4, Line 3charges, the right to legal counsel, and the right to confront witnesses in criminal proceedings;
Page 4, Line 4(d) The tenth amendment of the United States constitution affirms
Page 4, Line 5the principle of federalism, which reserves for the states or the people the
Page 4, Line 6powers that are not delegated to the federal government by the United
Page 4, Line 7States constitution. The tenth amendment of the United States constitution
Page 4, Line 8divides power between the federal government and the states. The United
Page 4, Line 9States constitution reserves to the states or the people the powers that are
Page 4, Line 10not delegated to the federal government and are not forbidden to the
Page 4, Line 11states. The federal government cannot command the states to administer or enforce a federal regulatory program.
Page 4, Line 12(e) The fourteenth amendment of the United States constitution
Page 4, Line 13establishes that all persons within the jurisdiction of the United States are
Page 4, Line 14entitled to equal protection under the law and cannot be deprived of due process, regardless of citizenship or immigration status; and
Page 4, Line 15(f) State and local governments must not infringe upon the
Page 4, Line 16constitutional rights of individuals or use state and local resources for federal immigration enforcement.
Page 4, Line 17(2) Therefore, the general assembly declares that all persons in
Page 4, Line 18Colorado are entitled to protections of and compliance with the United States constitution and the Colorado constitution.
Page 4, Line 19SECTION 2. In Colorado Revised Statutes, 23-7-110, amend (2) and (4) as follows:
Page 4, Line 2023-7-110. Tuition classification of students who successfully
Page 4, Line 21complete high school or a high school equivalency examination in
Page 5, Line 1Colorado. (2)
(a) In addition to satisfying the requirements set forth inPage 5, Line 2
subsection (1) of this section, a student seeking tuition classification asPage 5, Line 3
an in-state student pursuant to this section who does not have lawfulPage 5, Line 4
immigration status must submit an affidavit to the institution to which thePage 5, Line 5
student is admitted, stating that the student has applied for lawful presence or will apply as soon as he or she is eligible to do so.Page 5, Line 6
(b) The institution shall not count a student described inPage 5, Line 7
subsection (2)(a) of this section as a resident for any purpose other thanPage 5, Line 8
tuition classification and the purpose described in subsection (2.5) of thisPage 5, Line 9
section; except that the studentPage 5, Line 10classification as an in-state student pursuant to this section
Page 5, Line 11who does not have lawful immigration status is eligible for the
Page 5, Line 12college opportunity fund program pursuant to the provisions of part 2 of
Page 5, Line 13article 18 of this title 23 and state student financial assistance pursuant to
Page 5, Line 14article 3.3 of this title 23, upon confirmation of the student's uniquely
Page 5, Line 15identifying student number provided by the local education provider
Page 5, Line 16where the student graduated from high school or successfully completed
Page 5, Line 17a high school equivalency examination, as defined in section 22-33-102
Page 5, Line 18(8.5), and may be eligible for institutional or other private financial aid
Page 5, Line 19programs. Any information collected prior to the effective date
Page 5, Line 20of Senate Bill 25-276 for the purpose of demonstrating student
Page 5, Line 21eligibility for the college opportunity fund for a student who
Page 5, Line 22does not have lawful immigration status must be managed in
Page 5, Line 23accordance with the data privacy policy adopted by the department of higher education.
Page 5, Line 24(4) Any information provided to satisfy the criteria specified in
Page 5, Line 25this section
shall bePage 6, Line 1by law.
An institution that receives an affidavit described in subsectionPage 6, Line 2
(2) of this section shall treat the affidavit as an education record of thePage 6, Line 3
student under the provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.Page 6, Line 4SECTION 3. In Colorado Revised Statutes, 42-2-505, amend (1) introductory portion; and repeal (1)(d) as follows:
Page 6, Line 542-2-505. Identification documents - individuals not lawfully
Page 6, Line 6present - rules. (1) Documents issued. An individual who is not
Page 6, Line 7lawfully present in the United States may apply for an identification
Page 6, Line 8document in accordance with this part 5. Any information collected
Page 6, Line 9prior to the effective date of Senate Bill 25-276 for the purpose
Page 6, Line 10of demonstrating eligibility for an identification document in
Page 6, Line 11accordance with this part 5 for an individual who does not have
Page 6, Line 12lawful immigration status in the United States must be managed
Page 6, Line 13in accordance with the data privacy policy adopted by the
Page 6, Line 14department of revenue. The department shall issue an identification document to an applicant who:
Page 6, Line 15(d)
Affirms in an affidavit signed by the applicant that thePage 6, Line 16
applicant has applied to be lawfully present within the United States or will apply to be lawfully present as soon as the applicant is eligible; andPage 6, Line 17SECTION 4. In Colorado Revised Statutes, 16-4-102, add (2)(e.5) as follows:
Page 6, Line 1816-4-102. Right to bail - before conviction - definitions.
Page 6, Line 19(2) (e.5) (I) The custodian of a jail shall not delay a defendant's
Page 6, Line 20release from custody for the purpose of an immigration enforcement operation.
Page 6, Line 21(II) For purposes of this subsection (2)(e.5):
Page 7, Line 1(A) "Immigration enforcement operation" has the same
Page 7, Line 2meaning as set forth in section24-76.6-101; except that
Page 7, Line 3"immigration enforcement operation" does not include any
Page 7, Line 4conduct contemplated by, or in compliance with, section 24-76.6-102 (4).
Page 7, Line 5(B) "Jail" means a correctional facility, as defined in
Page 7, Line 6section 17-1-102; local jail, as defined in section 17-1-102;
Page 7, Line 7multijurisdictional jail, as described in section 17-26.5-101; or municipal jail, as described in section 31-15-401 (1)(j).
Page 7, Line 8SECTION 5. In Colorado Revised Statutes, 18-1-410.6, amend (2), (3)(a), and (4) introductory portion as follows:
Page 7, Line 918-1-410.6. Relief from improperly entered guilty pleas for
Page 7, Line 10certain misdemeanor and municipal offenses - legislative declaration.
Page 7, Line 11(2) Therefore, the general assembly declares that noncitizen defendants
Page 7, Line 12must have the opportunity to meaningfully challenge an
Page 7, Line 13unconstitutionally entered guilty plea for certain class 1 misdemeanors,
Page 7, Line 14class 2 misdemeanors, class 3 misdemeanors, traffic misdemeanors, petty offenses, and municipal offenses.
Page 7, Line 15(3) (a) Notwithstanding a limitation contained in section 16-5-402,
Page 7, Line 16a municipal ordinance, or a municipal court rule of procedure, at any time
Page 7, Line 17following the entry of a guilty plea, a criminal defendant may challenge
Page 7, Line 18the guilty plea on the grounds set forth in subsection (4) of this section to a:
Page 7, Line 19(I) Class 1,
orPage 7, Line 20the time the guilty plea was entered that is not defined in section 24-4.1-302 (1);
or title 42, and committed before March 1, 2022; orPage 7, Line 21(II) Municipal offense that is not substantially similar to an
Page 8, Line 1offense defined in section 24-4.1-302 (1);
or title 42, and committed before March 1, 2022.Page 8, Line 2(III) Traffic misdemeanor; or
(IV) Petty offense.
Page 8, Line 3(4) A defendant moving to vacate a guilty plea to a class 1,
orPage 8, Line 4class 2, or class 3 misdemeanor as classified at the time the guilty
Page 8, Line 5plea was entered; a traffic misdemeanor; a petty offense; or a municipal offense, must, in good faith, allege the following:
Page 8, Line 6SECTION 6. In Colorado Revised Statutes, 24-74-101, amend (1)(a), (1)(b), (1)(d), (1)(e), and (2) as follows:
Page 8, Line 724-74-101. Legislative declaration. (1) The general assembly hereby finds and declares that:
Page 8, Line 8(a) State agencies and political subdivisions increasingly
Page 8, Line 9collect residents' personal information to be able to provide a variety of
Page 8, Line 10services, including education,
healthcarePage 8, Line 11assistance, and regulatory and enforcement activities designed to ensure the safety of Colorado residents;
Page 8, Line 12(b) Colorado residents have a reasonable expectation that state
Page 8, Line 13agencies and political subdivisions will not disclose this information with outside actors for unintended purposes;
Page 8, Line 14(d) All Coloradans should feel welcome to
be the recipients ofPage 8, Line 15
statePage 8, Line 16(e) Any role that a state agency or political subdivision plays
Page 8, Line 17in enforcing federal immigration laws can undermine public trust and
Page 8, Line 18deter persons from accessing these services offered by state agencies and
Page 8, Line 19political subdivisions;
Page 9, Line 1(2) The general assembly further finds and declares that it is
Page 9, Line 2necessary to adopt this article 74 to protect individual rights and to further
Page 9, Line 3the preservation of the peace, health, and safety of Colorado residents.
Page 9, Line 4Therefore, the matters in this article 74 are declared to be matters of statewide concern.
Page 9, Line 5SECTION 7. In Colorado Revised Statutes, 24-74-102, amend (3), (4), and (5); and add (1.5), (1.6), and (1.8) as follows:
Page 9, Line 624-74-102. Definitions. As used in this article 74, unless the context otherwise requires:
Page 9, Line 7(1.5) "Political subdivision" means a governing subdivision
Page 9, Line 8of the state, including a county or municipality, or a board,
Page 9, Line 9commission, institution, department, or agency of the political
Page 9, Line 10subdivision. "County" includes a home rule county.
Page 9, Line 11"Municipality" includes a home rule municipality."Political
Page 9, Line 12subdivision" does not include a hospital or medical facility
Page 9, Line 13created by, and operated under, the Denver health and hospital authority created pursuant to section 25-29-103.
Page 9, Line 14(1.6) "Political subdivision employee" means a person in
Page 9, Line 15the service of a political subdivision while acting in the person's
Page 9, Line 16employment capacity. "Political subdivision employee" includes
Page 9, Line 17an officer or employee, whether elected or appointed and
Page 9, Line 18whether full-time, part-time, or temporary. "Political
Page 9, Line 19subdivision employee" also includes an agent of a political
Page 9, Line 20subdivision when acting on behalf of, or at the direction of, a
Page 9, Line 21political subdivision in their capacity as an agent of a political subdivision.
Page 9, Line 22(1.8) "Public institution of higher education" means a
Page 10, Line 1state institution of higher education, as defined in section 23-18-102, local district college, or area technical college.
Page 10, Line 2(3) "State agency" means
a department of the executive branch ofPage 10, Line 3
state government, including any division, office, agency, or other unitPage 10, Line 4
created within a department or the governor's office, including institutionsPage 10, Line 5
of higher education and the Colorado commission on higher educationPage 10, Line 6department of the legislative, judicial, or executive branch of
Page 10, Line 7state government, including a division, office, agency, or other
Page 10, Line 8unit created within a department of the legislative, judicial, or
Page 10, Line 9executive branch; a board, commission, or public institution
Page 10, Line 10of higher education; or the Colorado commission on higher education.
Page 10, Line 11(4) "State agency employee" means
every person in the service ofPage 10, Line 12
a state agency, including all officers and employees, whether full-time,Page 10, Line 13
part-time, or temporary, and whether classified in or exempt from thePage 10, Line 14
state personnel system. "State agency employee" also includes allPage 10, Line 15
independent contractors of a state agency when acting in their capacity asPage 10, Line 16
independent contractors for the state agencyPage 10, Line 17a state agency while acting in the person's employment capacity.
Page 10, Line 18"State agency employee" includes an officer or employee,
Page 10, Line 19whether elected or appointed; full-time, part-time, or
Page 10, Line 20temporary; and classified in or exempt from the state personnel
Page 10, Line 21system. "State agency employee" also includes an agent of a
Page 10, Line 22state agency when acting on behalf of, or at the direction of, a state agency in their capacity as an agent of a state agency.
Page 10, Line 23(5) "Third party" means
anyanyPage 10, Line 24law enforcement officer or agency, that is not a state agency, a state
Page 11, Line 1agency employee, a political subdivision, a political subdivision
Page 11, Line 2employee, or otherwise part of the state government or a political
Page 11, Line 3subdivision. "Third party" includes a private entity that
Page 11, Line 4contracts with, and collects or manages data on behalf of, a state agency or political subdivision.
Page 11, Line 5SECTION 8. In Colorado Revised Statutes, amend 24-74-103 as follows:
Page 11, Line 624-74-103. Personal identifying information shared by state
Page 11, Line 7agencies or political subdivisions - limitation - responsibilities - state
Page 11, Line 8agency or political subdivision employee. A state agency employee or
Page 11, Line 9political subdivision employee shall not disclose or make accessible,
Page 11, Line 10including through a database or automated network, personal identifying
Page 11, Line 11information that is not publicly available information for the purpose of
Page 11, Line 12investigating for, participating in, cooperating with, or assisting in federal
Page 11, Line 13immigration enforcement, including enforcement of civil immigration
Page 11, Line 14laws and 8 U.S.C. sec. 1325 or 1326, except as required by federal or
Page 11, Line 15state law, including student visa sponsorship requirements for
Page 11, Line 16public institutions of higher education or requirements that are
Page 11, Line 17necessary to perform state agency or political subdivision
Page 11, Line 18duties, or as required to comply with a court-issued subpoena, warrant, or order.
Page 11, Line 19SECTION 9. In Colorado Revised Statutes, 24-74-104, amend (1), (2) introductory portion, and (3) as follows:
Page 11, Line 2024-74-104. Reduce personal identifying information collected
Page 11, Line 21by state agencies or political subdivisions. (1)
Beginning January 1,Page 11, Line 22
2022,Page 11, Line 23shall not inquire into, or request information or documents to ascertain,
Page 12, Line 1a person's immigration status for the purpose of identifying if the person
Page 12, Line 2has complied with federal immigration laws, including civil immigration
Page 12, Line 3laws and 8 U.S.C. sec. 1325 or 1326, except as required by state or
Page 12, Line 4federal law or as necessary to perform state agency or political
Page 12, Line 5subdivision duties, including collecting information for student
Page 12, Line 6visa sponsorship and student financial aid or to verify a person's
Page 12, Line 7eligibility for a government-funded program for housing or economic
Page 12, Line 8development if verification is a necessary condition of the government funding.
Page 12, Line 9(2)
Beginning January 1, 2022,Page 12, Line 10subdivision shall not collect the following, except as required by state or
Page 12, Line 11federal law or as necessary to perform state agency or political
Page 12, Line 12subdivision duties, or to verify a person's eligibility for a
Page 12, Line 13government-funded program for health care, housing, or economic
Page 12, Line 14development if verification is a necessary condition of the government funding:
Page 12, Line 15(3) (a) This section does not apply to information in a database
Page 12, Line 16or automated network collecting data or documents that was activated by a state agency on or before December 31, 2021.
Page 12, Line 17(b) This section does not apply to information in a
Page 12, Line 18database or automated network collecting data or documents
Page 12, Line 19that was activated by a political subdivision, on or before June 30, 2025.
Page 12, Line 20SECTION 10. In Colorado Revised Statutes, 24-74-105, amend (2) as follows:
Page 12, Line 2124-74-105. Access to state agency or political subdivision
Page 12, Line 22records - limitations. (2) The attorney general's office shall create a
Page 13, Line 1model certification form and
provide it to state agencies within sixty daysPage 13, Line 2
of June 25, 2021Page 13, Line 3SECTION 11. In Colorado Revised Statutes, repeal 24-74-106.
Page 13, Line 4SECTION 12. In Colorado Revised Statutes, amend 24-74-107 as follows:
Page 13, Line 524-74-107. Data privacy breaches - civil penalty - legislative
Page 13, Line 6declaration. (1)
AnyPage 13, Line 7subdivision employee who intentionally violates
the provisionsPage 13, Line 8provision of this article 74 is subject to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation.
Page 13, Line 9(2) Any civil penalty money collected pursuant to
Page 13, Line 10subsection (1) of this section for immigration-related violations
Page 13, Line 11must be transferred to the state treasurer, who shall credit it
Page 13, Line 12to the immigration legal defense fund established pursuant to section 8-3.8-101.
Page 13, Line 13(3) For purposes of an action for a temporary restraining
Page 13, Line 14order or preliminary injunction brought pursuant to this
Page 13, Line 15section, the general assembly finds and declares that violation
Page 13, Line 16of this article 74 poses a real, immediate, and irreparable injury
Page 13, Line 17for which there is no plain, speedy, and adequate remedy at law,
Page 13, Line 18and the public interest is served by compliance with this article 74.
Page 13, Line 19SECTION 13. In Colorado Revised Statutes, add article 74.1 to title 24 as follows:
Page 13, Line 20ARTICLE 74.1
Policies Regarding Federal Immigration Enforcement Actions
Page 14, Line 124-74.1-101. Definitions.As used in this article 74.1, unless the context otherwise requires:
Page 14, Line 2(1) "Employee" means a person in the service of a public
Page 14, Line 3child care center, public school, local education provider,
Page 14, Line 4public institution of higher education, public health-care
Page 14, Line 5facility, or publicly supported library while acting in the
Page 14, Line 6person's employment capacity. "Employee" includes an officer or
Page 14, Line 7employee, whether elected or appointed and whether full-time,
Page 14, Line 8part-time, or temporary. "Employee" also includes an agent of
Page 14, Line 9a public child care center, public school, local education
Page 14, Line 10provider, public institution of higher education, public
Page 14, Line 11health-care facility, or publicly supported library when acting
Page 14, Line 12in their capacity as an agent of a public child care center, public
Page 14, Line 13school, local education provider, public institution of higher
Page 14, Line 14education, public health-care facility, or publicly supported
Page 14, Line 15library. "Employee" does not include a person acting in a volunteer capacity.
Page 14, Line 16(2) "Federal immigration enforcement" means an effort to
Page 14, Line 17investigate, enforce, or assist in the investigation or
Page 14, Line 18enforcement of a federal civil immigration law or a federal
Page 14, Line 19criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States.
Page 14, Line 20(3) "Local education provider" means a school district, a
Page 14, Line 21charter school authorized by a school district pursuant to part
Page 14, Line 221 of article 30.5 of title 22, a charter school authorized by the
Page 14, Line 23state charter school institute pursuant to part 5 of article 30.5
Page 15, Line 1of title 22, or a board of cooperative services created and
Page 15, Line 2operating pursuant to article 5 of title 22 that operates one or more public schools.
Page 15, Line 3(4) "Public child care center" means a child care center
Page 15, Line 4as defined in section 26.5-5-303 that is licensed pursuant to part
Page 15, Line 53 of article 5 of title 26.5 and has received money in the last five state fiscal years, in any amount, from the state.
Page 15, Line 6(5) "Public health-care facility" means a health-care
Page 15, Line 7facility that is licensed or certified pursuant to section
Page 15, Line 825-1.5-103 (1)(a)(I)(A) or article 3 of title 25, or an essential
Page 15, Line 9community provider as defined in section 25.5-8-103 (6), and that receives money, in any amount, from the state.
Page 15, Line 10(6) "Public institution of higher education" means a state
Page 15, Line 11institution of higher education, as defined in section 23-18-102;
Page 15, Line 12local district college, as defined in section 23-71-102; area
Page 15, Line 13technical college, as defined in section 23-60-103; or private
Page 15, Line 14institution of higher education, as defined in section 23-18-102,
Page 15, Line 15that receives college opportunity funding for an eligible undergraduate student.
Page 15, Line 16(7) "Public school" means a school of a school district; a
Page 15, Line 17district charter school authorized by a school district
Page 15, Line 18pursuant to part 1 of article 30.5 of title 22; an institute
Page 15, Line 19charter school authorized by the state charter school
Page 15, Line 20institute pursuant to part 5 of article 30.5 of title 22; an
Page 15, Line 21approved facility school, as defined in section 22-2-402; the
Page 15, Line 22Colorado school for the deaf and the blind, as described
Page 15, Line 23pursuant to section 22-80-102; or a school operated by a board
Page 16, Line 1of cooperative services created and operating pursuant to article 5 of title 22.
Page 16, Line 2(8) "Publicly supported library" has the same meaning set forth in section 24-90-103.
Page 16, Line 324-74.1-102. Limitations within policies - legislative
Page 16, Line 4declaration. (1) A public child care center, public school, local
Page 16, Line 5education provider, public institution of higher education,
Page 16, Line 6public health-care facility, publicly supported library, or an
Page 16, Line 7employee thereof shall not provide for federal immigration
Page 16, Line 8enforcement, except as specifically required by federal or state law:
Page 16, Line 9(a) Any personal identifying information about a child or
Page 16, Line 10student who was or is enrolled in the public child care center,
Page 16, Line 11public school, local education provider, or public institution of
Page 16, Line 12higher education; a patient who sought, received, is seeking, or
Page 16, Line 13is receiving services from the public health-care facility; or a
Page 16, Line 14patron who accessed or is accessing services, or was or is present, at a publicly supported library, except:
Page 16, Line 15(I) With the student's, patient's, or patron's consent through a valid release of information;
Page 16, Line 16(II) With the consent of the student's, patient's, or
Page 16, Line 17patron's parent, guardian, person who is authorized under
Page 16, Line 18applicable law to act on behalf of an individual who is an adult,
Page 16, Line 19or an emancipated minor, in making decisions related to health care, through a valid release of information; or
Page 16, Line 20(III) With a public institution of higher education's
Page 16, Line 21release of enrollment information related to a student visa sponsorship;
Page 17, Line 1(b) Any information about a parent, guardian, or relative
Page 17, Line 2of a person described in subsection (1)(a) of this section; except
Page 17, Line 3as permitted by law or with the consent of the child's, student's,
Page 17, Line 4patient's, or patron's parent, guardian, or relative, as applicable, through a valid release of information form; or
Page 17, Line 5(c) Access to, or consent to access, a part of the public
Page 17, Line 6child care center's, public school's, local education provider's,
Page 17, Line 7public institution of higher education's, public health-care
Page 17, Line 8facility's, or publicly supported library's facility, auxiliary
Page 17, Line 9facility, property, grounds, or surrounding area that is not
Page 17, Line 10accessible to the public unless a warrant issued by a federal
Page 17, Line 11judge or federal magistrate or an order issued by a federal
Page 17, Line 12judge or federal magistrate allows access for federal immigration enforcement.
Page 17, Line 13(2) Beginning July 1, 2025, a public child care center,
Page 17, Line 14public school, local education provider, public institution of
Page 17, Line 15higher education, public health-care facility, publicly
Page 17, Line 16supported library, or an employee thereof, shall not collect the
Page 17, Line 17following, except as required by federal or state law, as
Page 17, Line 18necessary to perform duties, or to verify a person's eligibility
Page 17, Line 19for a government-funded program if verification is a necessary condition of government funding or participation:
Page 17, Line 20(a) Place of birth;
(b) Immigration or citizenship status; or
Page 17, Line 21(c) Information from passports, permanent resident cards,
Page 17, Line 22alien registration cards, or employment authorization documents.
Page 18, Line 1(3) It is not a violation of this section to release a record pursuant to:
Page 18, Line 2(a) A subpoena issued by a federal judge or federal magistrate;
Page 18, Line 3(b) An order issued by a federal judge or federal magistrate;
Page 18, Line 4(c) A warrant issued by a federal judge or federal magistrate;
Page 18, Line 5(d) The consent of the student, patient, or patron through a valid release of information; or
Page 18, Line 6(e) The consent of the child's, student's, patient's, or
Page 18, Line 7patron's parent or guardian through a valid release of information.
Page 18, Line 8(4) (a) No later than September 1, 2025, each public child
Page 18, Line 9care center, public school, local education provider, public
Page 18, Line 10institution of higher education, public health-care facility,
Page 18, Line 11and publicly supported library shall adopt and implement a
Page 18, Line 12policy for employees and a policy for children, students,
Page 18, Line 13patients, patrons, parents, guardians, relatives, and the general
Page 18, Line 14public, or amend an existing policy, that aligns with the
Page 18, Line 15requirements of this article 74.1. The policy must include, at a minimum:
Page 18, Line 16(I) Procedures to maintain the protection of information and spaces described in subsection (1) of this section;
Page 18, Line 17(II) Procedures to properly release information in
Page 18, Line 18compliance with federal law that is otherwise protected if federal immigration authorities have:
Page 19, Line 1(A) A subpoena issued by a federal judge or magistrate;
Page 19, Line 2(B) An order issued by a federal judge or federal magistrate to allow access; or
Page 19, Line 3(C) A warrant issued by a federal judge or federal magistrate;
Page 19, Line 4(III) The designation of a responsible employee to be
Page 19, Line 5notified if information or access is requested for federal immigration enforcement;
Page 19, Line 6(IV) Information that must be requested of and
Page 19, Line 7documented regarding the federal immigration enforcement,
Page 19, Line 8including the first and last name of the person leading the
Page 19, Line 9federal immigration enforcement, employer, badge number, and
Page 19, Line 10a copy of the subpoena issued by a federal judge or magistrate,
Page 19, Line 11warrant issued by a federal judge or magistrate, or order issued by a federal judge or magistrate to allow access; and
Page 19, Line 12(V) Procedures to communicate information, as
Page 19, Line 13appropriate, about a federal immigration authority's request
Page 19, Line 14for information or access to the child, student, patient, or
Page 19, Line 15patron who was the subject of the request, or parent, guardian, or relative of the child, student, patient, or patron.
Page 19, Line 16(b) A public child care center, public school, local
Page 19, Line 17education provider, public institution of higher education,
Page 19, Line 18public health-care facility, or publicly supported library shall
Page 19, Line 19make its policies required pursuant to this section available
Page 19, Line 20through its traditional means, including upon request, a
Page 19, Line 21handbook, a website, a patient portal, or any other means that
Page 20, Line 1the public child care center, public school, local education
Page 20, Line 2provider, public institution of higher education, public
Page 20, Line 3health-care facility, or publicly supported library uses to
Page 20, Line 4communicate with children, students, patients, patrons, parents, guardians, and relatives.
Page 20, Line 5(5) This section does not preempt 8 U.S.C. sec. 1973.
Page 20, Line 6(6) Matters in this article 74.1 are declared to be matters of statewide concern.
Page 20, Line 724-74.1-103. Remedy. (1) A public child care center, public
Page 20, Line 8school, local education provider, public institution of higher
Page 20, Line 9education, public health-care facility, or publicly supported
Page 20, Line 10library that is found to have intentionally violated section
Page 20, Line 1124-74.1-102 (1) or (2) is subject to an injunction and is liable for
Page 20, Line 12a civil penalty of not more than fifty thousand dollars for each violation.
Page 20, Line 13(2) A civil penalty collected pursuant to subsection (1) of
Page 20, Line 14this section must be transferred to the state treasurer, who
Page 20, Line 15shall credit it to the immigration legal defense fund established pursuant to section 8-3.8-101.
Page 20, Line 16(3) For purposes of an action for a temporary restraining
Page 20, Line 17order or preliminary injunction brought pursuant to this
Page 20, Line 18section, the general assembly finds and declares that violation
Page 20, Line 19of this article 74.1 poses a real, immediate, and irreparable
Page 20, Line 20injury for which there is no plain, speedy, and adequate remedy
Page 20, Line 21at law, and the public interest is served by compliance with this article 74.1.
Page 20, Line 22SECTION 14. In Colorado Revised Statutes, 24-76.6-101, amend (1) and (3); and add (1.5), (2.3), and (2.7) as follows:
Page 21, Line 124-76.6-101. Definitions. As used in this article 76.6, unless the context otherwise requires:
Page 21, Line 2(1) "Civil immigration detainer" means a
writtenissuedPage 21, Line 3
byauthorities pursuant to 8 CFRPage 21, Line 4
287.7Page 21, Line 5or to maintain custody of an individual beyond the time when the
Page 21, Line 6individual is eligible for release from custody, including
anyPage 21, Line 7law enforcement agency action, warrant for arrest of alien, order to detain
Page 21, Line 8or release alien, or warrant of
removal/deportationPage 21, Line 9deportation on
anyauthorities.Page 21, Line 10(1.5) "Detention facility" means a correctional facility,
Page 21, Line 11as defined in section 17-1-102; local jail, as defined in section
Page 21, Line 1217-1-102; multijurisdictional jail, as defined in section
Page 21, Line 1317-26.5-101; or municipal jail, as described in section 31-15-401(1)(j).
Page 21, Line 14(2.3) "Governmental entity" has the same meaning as set forth in section 24-76.7-101.
Page 21, Line 15(2.7) "Immigration enforcement operation" means an
Page 21, Line 16operation in which the primary objective is the identification or apprehension of a person or persons to:
Page 21, Line 17(a) Subject them to civil immigration detention, removal,
Page 21, Line 18or deportation proceedings, or removal or deportation from the United States; or
Page 21, Line 19(b) Criminally prosecute them for offenses related to
Page 21, Line 20their immigration status. The offenses may include violations of
Page 22, Line 1sections 8 U.S.C. sec. 1253, 8 U.S.C. sec. 1304 (e), 8 U.S.C. sec. 1306
Page 22, Line 2(a) or 1306 (b), 8 U.S.C. sec. 1325, 8 U.S.C. sec. 1326, 18 U.S.C. sec. 1028A, or 18 U.S.C. 1546.
Page 22, Line 3(3) "Law enforcement officer" means a peace officer
employed byPage 22, Line 4
the Colorado state patrol, a municipal police department, a town marshal'sPage 22, Line 5
office, or a county sheriff's officePage 22, Line 6while acting in the peace officer's employment capacity, whether
Page 22, Line 7elected or appointed or whether employed full-time, part-time, or temporarily.
Page 22, Line 8SECTION 15. In Colorado Revised Statutes, 24-76.6-102, amend (1)(b) and (2); and add (2.5) as follows:
Page 22, Line 924-76.6-102. Civil immigration detainers - legislative declaration. (1) The general assembly finds and declares that:
Page 22, Line 10(b) Requests for civil immigration detainers, or any other
Page 22, Line 11requests to arrest or detain a person for immigration
Page 22, Line 12enforcement, are not warrants under Colorado law. A warrant is a
Page 22, Line 13written order by a judge directed to a law enforcement officer
Page 22, Line 14commanding the arrest of the person named, as defined in section
Page 22, Line 1516-1-104 (18). None of the civil immigration detainer requests received
Page 22, Line 16from the federal immigration authorities are reviewed, approved, or
Page 22, Line 17signed by a judge as required by Colorado law. The continued detention
Page 22, Line 18of an inmate at the request of federal immigration authorities beyond
Page 22, Line 19when he or she would otherwise be released constitutes a warrantless
Page 22, Line 20arrest, which is unconstitutional, People v. Burns, 615 P.2d 686, 688 (Colo. 1980).
Page 22, Line 21(2) (a) A law enforcement officer shall not arrest or detain an
Page 22, Line 22individual on the basis of a civil immigration detainer.
request.Page 23, Line 1purpose of this subsection (2), "detain" includes the denial or
Page 23, Line 2delay of release from custody for immigration enforcement operations or for immigration enforcement purposes.
Page 23, Line 3(b) If an individual has posted bond and the bond has been
Page 23, Line 4processed, the continued detainment of the individual on the
Page 23, Line 5basis of a civil immigration detainer is a new, warrantless arrest.
Page 23, Line 6(2.5) A law enforcement officer shall not command or
Page 23, Line 7request a private citizen to assist in the arrest or detainment of an individual on the basis of a civil immigration detainer.
Page 23, Line 8SECTION 16. In Colorado Revised Statutes, 24-76.6-103, amend (1) as follows:
Page 23, Line 924-76.6-103. Limitations on providing personal information
Page 23, Line 10by probation offices. (1) (a) A probation officer,
orPage 23, Line 11department employee, pretrial officer, or pretrial services office
Page 23, Line 12employee shall not provide personal information about an individual to federal immigration authorities.
Page 23, Line 13(b) For purposes of this subsection (1), "pretrial officer"
Page 23, Line 14or "pretrial services office employee" includes an agent of a
Page 23, Line 15pretrial services office when acting on behalf of, or at the
Page 23, Line 16direction of, a pretrial services office in their capacity as an agent of a pretrial services office.
Page 23, Line 17SECTION 17. In Colorado Revised Statutes, add 24-76.6-104 as follows:
Page 23, Line 1824-76.6-104. Limitation on access in detention facilities.A law
Page 23, Line 19enforcement officer, or any employee or agent of a detention
Page 23, Line 20facility, shall not allow federal immigration authorities access
Page 24, Line 1to a part of the detention facility that is not accessible to the
Page 24, Line 2public, unless the federal immigration authorities have a
Page 24, Line 3warrant issued by a federal judge or magistrate to allow
Page 24, Line 4access, or if the federal immigration authorities have a writ
Page 24, Line 5issued by a judge concerning the transfer of an inmate to or from federal custody.
Page 24, Line 6SECTION 18. In Colorado Revised Statutes, 24-76.7-101, amend (2) as follows:
Page 24, Line 724-76.7-101. Definitions. As used in this article 76.7, unless the context otherwise requires:
Page 24, Line 8(2) "Immigration detention agreement" means
anyPage 24, Line 9including, but not limited to, an intergovernmental service agreement,
orPage 24, Line 10
portion thereof for payment toPage 24, Line 11individuals for federal civil immigration purposes. For a contract or
Page 24, Line 12intergovernmental service agreement that is only in part for the detention
Page 24, Line 13of individuals for federal immigration officials, this term only applies to the civil immigration detention portion of the contract.
Page 24, Line 14SECTION 19. In Colorado Revised Statutes, 28-3-103, add (10) as follows:
Page 24, Line 1528-3-103. General provisions. (10) A military force from
Page 24, Line 16another state, territory, or district shall not enter the state
Page 24, Line 17without the permission of the governor; except that this
Page 24, Line 18subsection (10) does not apply to a military force from another
Page 24, Line 19state, territory, or district that is on federal orders and acting as a part of the armed forces.
Page 24, Line 20SECTION 20. In Colorado Revised Statutes, 6-1-1308, amend
Page 24, Line 21(3) and (7) as follows:
Page 25, Line 16-1-1308. Duties of controllers. (3) Duty of data minimization.
Page 25, Line 2A controller's collection of personal data must be
adequate, relevant, andPage 25, Line 3
limited to what is reasonably necessary in relation to the specifiedPage 25, Line 4
purposes for which the data are processedPage 25, Line 5reasonable, necessary, and proportionate to provide or maintain
Page 25, Line 6a specific product or service requested by the consumer to whom the data pertains.
Page 25, Line 7(7) Duty regarding sensitive data. A controller shall not process
Page 25, Line 8or sell a consumer's sensitive data without first obtaining the consumer's
Page 25, Line 9consent or, in the case of the processing of personal data concerning a
Page 25, Line 10known child, without first obtaining consent from the child's parent or lawful guardian.
Page 25, Line 11SECTION 21. In Colorado Revised Statutes, 8-3.8-101, amend (2) as follows:
Page 25, Line 128-3.8-101. Immigration legal assistance - fund - report -
Page 25, Line 13definitions. (2) (a) There is established in the state treasury the
Page 25, Line 14immigration legal defense fund. The money in the fund is continuously
Page 25, Line 15appropriated to the administrator. Pursuant to subsection (5)(b) of this
Page 25, Line 16section, the administrator is authorized to make grants from the fund to
Page 25, Line 17qualifying organizations to represent indigent individuals appearing before an immigration court in Colorado who lack private counsel.
Page 25, Line 18(b) The state treasurer shall credit any civil penalty
Page 25, Line 19money transferred to the state treasurer pursuant to section
Page 25, Line 2024-74-107 or 24-74.1-103 and interest and income derived from the
Page 25, Line 21deposit and investment of the civil penalty money in the fund to the fund.
Page 25, Line 22SECTION 22. In Colorado Revised Statutes, 13-1-402, add (6) as follows:
Page 26, Line 113-1-402. Definitions. As used in this part 4, unless the context otherwise requires:
Page 26, Line 2(6) "Related facility" means the following facilities,
Page 26, Line 3facilities where the following programs or services are
Page 26, Line 4provided, or facilities where the following providers provide
Page 26, Line 5programs or services in relation to a court proceeding, including:
Page 26, Line 6(a) A behavioral health entity, as defined in section 27-50-101;
Page 26, Line 7(b) A behavioral health program, as defined in section 27-50-101;
Page 26, Line 8(c) A behavioral health provider, as defined in section 27-50-101;
Page 26, Line 9(d) A behavioral health safety net provider, as defined in section 27-50-101;
Page 26, Line 10(e) A behavioral health safety net service, as defined in section 27-50-101;
Page 26, Line 11(f) A comprehensive community behavioral health provider, as defined in section 27-50-101;
Page 26, Line 12(g) An essential behavioral health safety net provider, as defined in section 27-50-101;
Page 26, Line 13(h) A hospital that is operated by the department of human services;
Page 26, Line 14(i) A psychiatric hospital that is operated by the department of human services;
Page 26, Line 15(j) A detention or commitment facility that is operated by the department of human services; or
Page 27, Line 1(k) A nursing home.
Page 27, Line 2SECTION 23. In Colorado Revised Statutes, 13-1-403, amend (1) as follows:
Page 27, Line 313-1-403. Prohibition of civil arrest - writ of protection -
Page 27, Line 4procedure. (1) A person
shall not bePage 27, Line 5the person is present at a courthouse or on its environs; or while going to,
Page 27, Line 6attending, or coming from a court proceeding; or while the person is receiving treatment in a related facility.
Page 27, Line 7SECTION 24. In Colorado Revised Statutes, 22-2-117, amend (1)(b)(XI) and (1)(b)(XII); and add (1)(b)(XIII) as follows:
Page 27, Line 822-2-117. Additional power - state board - waiver of
Page 27, Line 9requirements - rules. (1) (b) The state board shall not waive any of the requirements specified in any of the following statutory provisions:
Page 27, Line 10(XI) Any provision of section 22-1-145 relating to the use of a
Page 27, Line 11student's chosen name, as defined in section 22-1-145 (1), in a public school;
orPage 27, Line 12(XII) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or
Page 27, Line 13(XIII) A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.
Page 27, Line 14SECTION 25. In Colorado Revised Statutes, 22-30.5-104,
Page 27, Line 15amend (6)(c) introductory portion, (6)(c)(X), and (6)(c)(XI); and add (6)(c)(XII) as follows:
Page 27, Line 1622-30.5-104. Charter school - requirements - authority - rules
Page 27, Line 17- definitions. (6) (c) A school district, on behalf of a charter school, may
Page 27, Line 18apply to the state board for a waiver of a state statute or state rule that is
Page 28, Line 1not an automatic waiver. Notwithstanding
any provision ofPage 28, Line 2subsection (6),
to the contrary,mayanyPage 28, Line 3(X) Any provision of section 22-1-145 relating to the use of a
Page 28, Line 4student's chosen name, as defined in section 22-1-145 (1), in a public school;
orPage 28, Line 5(XI) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or
Page 28, Line 6(XII) A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.
Page 28, Line 7SECTION 26. In Colorado Revised Statutes, 22-30.5-507, amend (7)(b)(X) and (7)(b)(XI); and add (7)(b)(XII) as follows:
Page 28, Line 822-30.5-507. Institute charter school - requirements -
Page 28, Line 9authority - rules - definitions. (7) (b) An institute charter school may
Page 28, Line 10apply to the state board, through the institute, for a waiver of state statutes
Page 28, Line 11and state rules that are not automatic waivers. The state board may waive
Page 28, Line 12state statutory requirements or rules promulgated by the state board;
Page 28, Line 13except that the state board
mayPage 28, Line 14(X) Any provision of section 22-1-145 relating to the use of a
Page 28, Line 15student's chosen name, as defined in section 22-1-145 (1), in a public school;
orPage 28, Line 16(XI) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or
Page 28, Line 17(XII) A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.
Page 28, Line 18SECTION 27. Appropriation. (1) For the 2025-26 state fiscal
Page 29, Line 1year, $23,794 is appropriated to the office of the governor for use by the
Page 29, Line 2governor's office. This appropriation is from the general fund and is based
Page 29, Line 3on an assumption that the office will require an additional 0.3 FTE. To
Page 29, Line 4implement this act, the office may use this appropriation for administration of governor's office and residence.
Page 29, Line 5(2) For the 2025-26 state fiscal year, $147,552 is appropriated to
Page 29, Line 6the judicial department for use by the state courts. This appropriation is
Page 29, Line 7from the general fund. To implement this act, the state courts may use this appropriation as follows:
Page 29, Line 8(a) $133,552 for use by the trial courts for trial court programs,
Page 29, Line 9which amount is based on an assumption that the trial courts will require an additional 2.0 FTE; and
Page 29, Line 10(b) $14,000 for use by state courts administration for capital outlay.
Page 29, Line 11(3) For the 2025-26 state fiscal year, $30,000 is appropriated to
Page 29, Line 12the judicial department for use by the office of public guardianship. This
Page 29, Line 13appropriation is from the general fund. To implement this act, the office may use this appropriation for program costs.
Page 29, Line 14(4) For the 2025-26 state fiscal year, $4,207 is appropriated to the
Page 29, Line 15judicial department for use by the independent ethics commission. This
Page 29, Line 16appropriation is from the general fund and is based on an assumption that
Page 29, Line 17the commission will require an additional 0.1 FTE. To implement this act, the commission may use this appropriation for program costs.
Page 29, Line 18SECTION 28. Severability. If any provision of this act or the
Page 29, Line 19application of this act to any person or circumstance is held invalid, the
Page 29, Line 20invalidity does not affect other provisions or applications of the act that
Page 29, Line 21can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Page 30, Line 1SECTION 29. Safety clause. The general assembly finds,
Page 30, Line 2determines, and declares that this act is necessary for the immediate
Page 30, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 30, Line 4the support and maintenance of the departments of the state and state institutions.