Senate Bill 25-276 Preamended

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.

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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 also guarantees the right to due process.

• Page 3, Line 11(c)  The sixth amendment of the United States constitution

• Page 4, Line 1guarantees the right to a fair and speedy trial, the right to be informed of

• Page 4, Line 2charges, the right to legal counsel, and the right to confront witnesses in criminal proceedings;

• Page 4, Line 3(d)  The tenth amendment of the United States constitution affirms

• Page 4, Line 4the principle of federalism, which reserves for the states or the people the

• Page 4, Line 5powers that are not delegated to the federal government by the United

• Page 4, Line 6States constitution. The tenth amendment of the United States constitution

• Page 4, Line 7divides power between the federal government and the states. The United

• Page 4, Line 8States constitution reserves to the states or the people the powers that are

• Page 4, Line 9not delegated to the federal government and are not forbidden to the

• Page 4, Line 10states. The federal government cannot command the states to administer or enforce a federal regulatory program.

• Page 4, Line 11(e)  The fourteenth amendment of the United States constitution

• Page 4, Line 12establishes that all persons within the jurisdiction of the United States are

• Page 4, Line 13entitled to equal protection under the law and cannot be deprived of due process, regardless of citizenship or immigration status; and

• Page 4, Line 14(f)  State and local governments must not infringe upon the

• Page 4, Line 15constitutional rights of individuals or use state and local resources for federal immigration enforcement.

• Page 4, Line 16(2)  Therefore, the general assembly declares that all persons in

• Page 4, Line 17Colorado are entitled to protections of and compliance with the United States constitution and the Colorado constitution.

• Page 4, Line 18SECTION 2.  In Colorado Revised Statutes, 23-7-110, amend (2) and (4) as follows:

• Page 4, Line 1923-7-110.  Tuition classification of students who successfully

• Page 4, Line 20complete high school or a high school equivalency examination in

• Page 4, Line 21Colorado. (2) (a)  In addition to satisfying the requirements set forth in

• Page 5, Line 1subsection (1) of this section, a student seeking tuition classification as

• Page 5, Line 2an in-state student pursuant to this section who does not have lawful

• Page 5, Line 3immigration status must submit an affidavit to the institution to which the

• Page 5, Line 4student 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 5(b)  The institution shall not count a student described in

• Page 5, Line 6subsection (2)(a) of this section as a resident for any purpose other than

• Page 5, Line 7tuition classification and the purpose described in subsection (2.5) of this

• Page 5, Line 8section; except that the student A student seeking tuition

• Page 5, Line 9classification as an in-state student pursuant to this section

• Page 5, Line 10who does not have lawful immigration status is eligible for the

• Page 5, Line 11college opportunity fund program pursuant to the provisions of part 2 of

• Page 5, Line 12article 18 of this title 23 and state student financial assistance pursuant to

• Page 5, Line 13article 3.3 of this title 23, upon confirmation of the student's uniquely

• Page 5, Line 14identifying student number provided by the local education provider

• Page 5, Line 15where the student graduated from high school or successfully completed

• Page 5, Line 16a high school equivalency examination, as defined in section 22-33-102

• Page 5, Line 17(8.5), and may be eligible for institutional or other private financial aid

• Page 5, Line 18programs. Any information collected prior to the effective date

• Page 5, Line 19of Senate Bill 25-276 for the purpose of demonstrating student

• Page 5, Line 20eligibility for the college opportunity fund for a student who

• Page 5, Line 21does not have lawful immigration status must be managed in

• Page 5, Line 22accordance with the data privacy policy adopted by the department of higher education.

• Page 5, Line 23(4)  Any information provided to satisfy the criteria specified in

• Page 5, Line 24this section shall be is confidential unless disclosure is explicitly required

• Page 5, Line 25by law. An institution that receives an affidavit described in subsection

• Page 6, Line 1(2) of this section shall treat the affidavit as an education record of the

• Page 6, Line 2student under the provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.

• Page 6, Line 3SECTION 3.  In Colorado Revised Statutes, 42-2-505, amend (1) introductory portion; and repeal (1)(d) as follows:

• Page 6, Line 442-2-505.  Identification documents - individuals not lawfully

• Page 6, Line 5present - rules. (1)  Documents issued. An individual who is not

• Page 6, Line 6lawfully present in the United States may apply for an identification

• Page 6, Line 7document in accordance with this part 5. Any information collected

• Page 6, Line 8prior to the effective date of Senate Bill 25-276 for the purpose

• Page 6, Line 9of demonstrating eligibility for an identification document in

• Page 6, Line 10accordance with this part 5 for an individual who does not have

• Page 6, Line 11lawful immigration status in the United States must be managed

• Page 6, Line 12in accordance with the data privacy policy adopted by the

• Page 6, Line 13department of revenue. The department shall issue an identification document to an applicant who:

• Page 6, Line 14(d)  Affirms in an affidavit signed by the applicant that the

• Page 6, Line 15applicant has applied to be lawfully present within the United States or will apply to be lawfully present as soon as the applicant is eligible; and

• Page 6, Line 16SECTION 4.  In Colorado Revised Statutes, 16-4-102, add (2)(e.5) as follows:

• Page 6, Line 1716-4-102.  Right to bail - before conviction - definitions.

• Page 6, Line 18(2) (e.5) (I)  The custodian of a jail shall not delay a defendant's

• Page 6, Line 19release from custody for the purpose of an immigration enforcement operation.

• Page 6, Line 20(II)  For purposes of this subsection (2)(e.5):

• Page 6, Line 21(A)  "Immigration enforcement operation" has the same meaning as set forth in section 24-76.6-101.

• Page 7, Line 1(B)  "Jail" means a correctional facility, as defined in

• Page 7, Line 2section 17-1-102; local jail, as defined in section 17-1-102;

• Page 7, Line 3multijurisdictional jail, as described in section 17-26.5-101; or municipal jail, as described in section 31-15-401 (1)(j).

• Page 7, Line 4SECTION 5.  In Colorado Revised Statutes, 18-1-410.6, amend (2), (3)(a), and (4) introductory portion as follows:

• Page 7, Line 518-1-410.6.  Relief from improperly entered guilty pleas for

• Page 7, Line 6certain misdemeanor and municipal offenses - legislative declaration.

• Page 7, Line 7(2)  Therefore, the general assembly declares that noncitizen defendants

• Page 7, Line 8must have the opportunity to meaningfully challenge an

• Page 7, Line 9unconstitutionally entered guilty plea for certain class 1 misdemeanors,

• Page 7, Line 10class 2 misdemeanors, class 3 misdemeanors, traffic misdemeanors, petty offenses, and municipal offenses.

• Page 7, Line 11(3) (a)  Notwithstanding a limitation contained in section 16-5-402,

• Page 7, Line 12a municipal ordinance, or a municipal court rule of procedure, at any time

• Page 7, Line 13following the entry of a guilty plea, a criminal defendant may challenge

• Page 7, Line 14the guilty plea on the grounds set forth in subsection (4) of this section to a:

• Page 7, Line 15(I)  Class 1, or class 2, or class 3 misdemeanor as classified at

• Page 7, Line 16the 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; or

• Page 7, Line 17(II)  Municipal offense that is not substantially similar to an

• Page 7, Line 18offense defined in section 24-4.1-302 (1); or title 42, and committed before March 1, 2022.

• Page 7, Line 19(III)  Traffic misdemeanor; or

• Page 7, Line 20(IV)  Petty offense.

• Page 8, Line 1(4)  A defendant moving to vacate a guilty plea to a class 1, or

• Page 8, Line 2class 2, or class 3 misdemeanor as classified at the time the guilty

• Page 8, Line 3plea was entered; a traffic misdemeanor; a petty offense; or a municipal offense, must, in good faith, allege the following:

• Page 8, Line 4SECTION 6.  In Colorado Revised Statutes, 24-74-101, amend (1)(a), (1)(b), (1)(d), (1)(e), and (2) as follows:

• Page 8, Line 524-74-101.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

• Page 8, Line 6(a)  State agencies and political subdivisions increasingly

• Page 8, Line 7collect residents' personal information to be able to provide a variety of

• Page 8, Line 8services, including education, healthcare health care, financial

• Page 8, Line 9assistance, and regulatory and enforcement activities designed to ensure the safety of Colorado residents;

• Page 8, Line 10(b)  Colorado residents have a reasonable expectation that state

• Page 8, Line 11agencies and political subdivisions will not disclose this information with outside actors for unintended purposes;

• Page 8, Line 12(d)  All Coloradans should feel welcome to be the recipients of

• Page 8, Line 13state receive state and local services without fear of abuse of their privacy or data;

• Page 8, Line 14(e)  Any role that a state agency or political subdivision plays

• Page 8, Line 15in enforcing federal immigration laws can undermine public trust and

• Page 8, Line 16deter persons from accessing these services offered by state agencies and political subdivisions;

• Page 8, Line 17(2)  The general assembly further finds and declares that it is

• Page 8, Line 18necessary to adopt this article 74 to protect individual rights and to further

• Page 8, Line 19the preservation of the peace, health, and safety of Colorado residents.

• Page 8, Line 20Therefore, the matters in this article 74 are declared to be matters of statewide concern.

• Page 9, Line 1SECTION 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 224-74-102.  Definitions. As used in this article 74, unless the context otherwise requires:

• Page 9, Line 3(1.5)  "Political subdivision" means a governing subdivision

• Page 9, Line 4of the state, including a county or municipality, or a board,

• Page 9, Line 5commission, institution, department, or agency of the political

• Page 9, Line 6subdivision. "County" includes a home rule county. "Municipality" includes a home rule municipality.

• Page 9, Line 7(1.6)  "Political subdivision employee" means a person in

• Page 9, Line 8the service of a political subdivision while acting in the person's

• Page 9, Line 9employment capacity. "Political subdivision employee" includes

• Page 9, Line 10an officer or employee, whether elected or appointed and

• Page 9, Line 11whether full-time, part-time, or temporary. "Political

• Page 9, Line 12subdivision employee" also includes an agent of a political

• Page 9, Line 13subdivision when acting on behalf of, or at the direction of, a

• Page 9, Line 14political subdivision in their capacity as an agent of a political subdivision.

• Page 9, Line 15(1.8)  "Public institution of higher education" means a

• Page 9, Line 16state institution of higher education, as defined in section 23-18-102, local district college, or area technical college.

• Page 9, Line 17(3)  "State agency" means a department of the executive branch of

• Page 9, Line 18state government, including any division, office, agency, or other unit

• Page 9, Line 19created within a department or the governor's office, including institutions

• Page 9, Line 20of higher education and the Colorado commission on higher education a

• Page 9, Line 21department of the legislative, judicial, or executive branch of

• Page 10, Line 1state government, including a division, office, agency, or other

• Page 10, Line 2unit created within a department of the legislative, judicial, or

• Page 10, Line 3executive branch; a board, commission, or public institution

• Page 10, Line 4of higher education; or the Colorado commission on higher education.

• Page 10, Line 5(4)  "State agency employee" means every person in the service of

• Page 10, Line 6a state agency, including all officers and employees, whether full-time,

• Page 10, Line 7part-time, or temporary, and whether classified in or exempt from the

• Page 10, Line 8state personnel system. "State agency employee" also includes all

• Page 10, Line 9independent contractors of a state agency when acting in their capacity as

• Page 10, Line 10independent contractors for the state agency a person in the service of

• Page 10, Line 11a state agency while acting in the person's employment capacity.

• Page 10, Line 12"State agency employee" includes an officer or employee,

• Page 10, Line 13whether elected or appointed; full-time, part-time, or

• Page 10, Line 14temporary; and classified in or exempt from the state personnel

• Page 10, Line 15system. "State agency employee" also includes an agent of a

• Page 10, Line 16state 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 17(5)  "Third party" means any a person or entity, including any a

• Page 10, Line 18law enforcement officer or agency, that is not a state agency, a state

• Page 10, Line 19agency employee, a political subdivision, a political subdivision

• Page 10, Line 20employee, or otherwise part of the state government or a political

• Page 10, Line 21subdivision. "Third party" includes a private entity that

• Page 10, Line 22contracts with, and collects or manages data on behalf of, a state agency or political subdivision.

• Page 10, Line 23SECTION 8.  In Colorado Revised Statutes, amend 24-74-103 as

• Page 10, Line 24follows:

• Page 11, Line 124-74-103.  Personal identifying information shared by state

• Page 11, Line 2agencies or political subdivisions - limitation - responsibilities - state

• Page 11, Line 3agency or political subdivision employee. A state agency employee or

• Page 11, Line 4political subdivision employee shall not disclose or make accessible,

• Page 11, Line 5including through a database or automated network, personal identifying

• Page 11, Line 6information that is not publicly available information for the purpose of

• Page 11, Line 7investigating for, participating in, cooperating with, or assisting in federal

• Page 11, Line 8immigration enforcement, including enforcement of civil immigration

• Page 11, Line 9laws and 8 U.S.C. sec. 1325 or 1326, except as required by federal or

• Page 11, Line 10state law, including student visa sponsorship requirements for

• Page 11, Line 11public institutions of higher education or requirements that are

• Page 11, Line 12necessary to perform state agency or political subdivision

• Page 11, Line 13duties, or as required to comply with a court-issued subpoena, warrant, or order.

• Page 11, Line 14SECTION 9.  In Colorado Revised Statutes, 24-74-104, amend (1), (2) introductory portion, and (3) as follows:

• Page 11, Line 1524-74-104.  Reduce personal identifying information collected

• Page 11, Line 16by state agencies or political subdivisions. (1)  Beginning January 1,

• Page 11, Line 172022, A state agency employee or political subdivision employee

• Page 11, Line 18shall not inquire into, or request information or documents to ascertain,

• Page 11, Line 19a person's immigration status for the purpose of identifying if the person

• Page 11, Line 20has complied with federal immigration laws, including civil immigration

• Page 11, Line 21laws and 8 U.S.C. sec. 1325 or 1326, except as required by state or

• Page 11, Line 22federal law or as necessary to perform state agency or political

• Page 11, Line 23subdivision duties, including collecting information for student

• Page 11, Line 24visa sponsorship and student financial aid or to verify a person's

• Page 11, Line 25eligibility for a government-funded program for housing or economic

• Page 12, Line 1development if verification is a necessary condition of the government funding.

• Page 12, Line 2(2)  Beginning January 1, 2022, A state agency or political

• Page 12, Line 3subdivision shall not collect the following, 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, or to verify a person's eligibility for a

• Page 12, Line 6government-funded program for health care, housing, or economic

• Page 12, Line 7development if verification is a necessary condition of the government funding:

• Page 12, Line 8(3) (a)  This section does not apply to information in a database

• Page 12, Line 9or automated network collecting data or documents that was activated by a state agency on or before December 31, 2021.

• Page 12, Line 10(b)  This section does not apply to information in a

• Page 12, Line 11database or automated network collecting data or documents

• Page 12, Line 12that was activated by a political subdivision, on or before June 30, 2025.

• Page 12, Line 13SECTION 10.  In Colorado Revised Statutes, 24-74-105, amend (2) as follows:

• Page 12, Line 1424-74-105.  Access to state agency or political subdivision

• Page 12, Line 15records - limitations. (2)  The attorney general's office shall create a

• Page 12, Line 16model certification form and provide it to state agencies within sixty days

• Page 12, Line 17of June 25, 2021 make it available to state agencies and political subdivisions.

• Page 12, Line 18SECTION 11.  In Colorado Revised Statutes, 24-74-106, amend

• Page 12, Line 19(1) introductory portion, (1)(a), (1)(g), (2) introductory portion, (2)(d), and (4) as follows:

• Page 12, Line 2024-74-106.  Record-keeping and reporting - requests for

• Page 13, Line 1records or information - definition. (1)  For purposes of As used in this

• Page 13, Line 2section, "request" includes any time a third party, other than a person in

• Page 13, Line 3interest as defined in section 24-72-202 (4), communicates, whether

• Page 13, Line 4through written or electronic form, with a state agency, or state agency

• Page 13, Line 5employee, political subdivision, or political subdivision employee

• Page 13, Line 6for the purpose of obtaining records or information that includes personal identifying information. "Request" does not include:

• Page 13, Line 7(a)  A request made under pursuant to the "Colorado Open

• Page 13, Line 8Records Act", part 2 of article 72 of this title 24, or the "Colorado

• Page 13, Line 9Criminal Justice Records Act", parts 2 and part 3 of article 72 of this

• Page 13, Line 10title 24; except that, for purposes of this section, "request" does include

• Page 13, Line 11a request made under pursuant to the "Colorado Open Records Act",

• Page 13, Line 12part 2 of article 72 of this title 24, whether made by telephone or through

• Page 13, Line 13written or electronic form, if the requester indicates or a state agency or

• Page 13, Line 14political subdivision employee determines the request is made for the

• Page 13, Line 15purpose of investigating for, participating in, cooperating with, or

• Page 13, Line 16assisting in federal immigration enforcement, including enforcement of civil immigration laws and 8 U.S.C. sec. 1325 or 1326;

• Page 13, Line 17(g)  A request from a government entity for purposes of

• Page 13, Line 18determining a person's eligibility for a government funded program for health care, housing, or economic development.

• Page 13, Line 19(2)  Except as provided in subsection (3) of this section, beginning

• Page 13, Line 20January 1, 2022, if a third party makes a request for a record from a state

• Page 13, Line 21agency or political subdivision and the record contains personal

• Page 13, Line 22identifying information, the state agency or political subdivision shall retain a written record containing the following information:

• Page 13, Line 23(d)  The name and title of the state agency employee or political subdivision employee who granted or denied the request;

• Page 14, Line 1(4) (a)   Beginning January 1, 2022, and on a quarterly basis thereafter through September 30, 2025, each state agency shall:

• Page 14, Line 2(a)  (I)  Submit to the governor's office of legal counsel the information specified in subsection (2) of this section; and

• Page 14, Line 3(b)  (II)  Attest that no request was none of the requests were granted for any purpose prohibited by this article 74.

• Page 14, Line 4(III)  This subsection (4)(a) is repealed, effective July 1, 2026.

• Page 14, Line 5(b)  Beginning October 1, 2025, and on a quarterly basis thereafter, each state agency shall:

• Page 14, Line 6(I)  Submit to the governor's office of legal counsel and to

• Page 14, Line 7the attorney general the information specified in subsection (2) of this section; and

• Page 14, Line 8(II)  Attest that none of the requests were granted for any purpose prohibited by article 74.

• Page 14, Line 9(c)  Beginning October 1, 2025, and on a quarterly basis thereafter, each political subdivision shall:

• Page 14, Line 10(I)  Submit to the governor's office of legal counsel and to

• Page 14, Line 11the attorney general a single, consolidated report containing

• Page 14, Line 12the information specified in subsection (2) of this section for the entire political subdivision; and

• Page 14, Line 13(II)  Attest that none of the requests were granted for any purpose prohibited by this article 74.

• Page 14, Line 14SECTION 12.  In Colorado Revised Statutes, amend 24-74-107 as follows:

• Page 14, Line 1524-74-107.  Data privacy breaches - civil penalty - legislative

• Page 15, Line 1declaration. (1)  Any A state agency employee or political

• Page 15, Line 2subdivision employee who intentionally violates the provisions a

• Page 15, Line 3provision 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 15, Line 4(2)  Any civil penalty money collected pursuant to

• Page 15, Line 5subsection (1) of this section for immigration-related violations

• Page 15, Line 6must be transferred to the state treasurer, who shall credit it

• Page 15, Line 7to the immigration legal defense fund established pursuant to section 8-3.8-101.

• Page 15, Line 8(3)  For purposes of an action for a temporary restraining

• Page 15, Line 9order or preliminary injunction brought pursuant to this

• Page 15, Line 10section, the general assembly finds and declares that violation

• Page 15, Line 11of this article 74 poses a real, immediate, and irreparable injury

• Page 15, Line 12for which there is no plain, speedy, and adequate remedy at law,

• Page 15, Line 13and the public interest is served by compliance with this article 74.

• Page 15, Line 14SECTION 13.  In Colorado Revised Statutes, add article 74.1 to title 24 as follows:

• Page 15, Line 15ARTICLE 74.1

• Policies Regarding Federal Immigration Enforcement Actions

• Page 15, Line 1624-74.1-101.  Definitions.As used in this article 74.1, unless the context otherwise requires:

• Page 15, Line 17(1)  "Employee" means a person in the service of a public

• Page 15, Line 18child care center, public school, local education provider,

• Page 15, Line 19public institution of higher education, or public health-care

• Page 15, Line 20facility while acting in the person's employment capacity.

• Page 15, Line 21"Employee" includes an officer or employee, whether elected or

• Page 16, Line 1appointed and whether full-time, part-time, or temporary.

• Page 16, Line 2"Employee" also includes an agent of a public child care center,

• Page 16, Line 3public school, local education provider, public institution of

• Page 16, Line 4higher education, or public health-care facility when acting in

• Page 16, Line 5their capacity as an agent of a public child care center, public

• Page 16, Line 6school, local education provider, public institution of higher education, or public health-care facility.

• Page 16, Line 7(2)  "Federal immigration enforcement" means an effort to

• Page 16, Line 8investigate, enforce, or assist in the investigation or

• Page 16, Line 9enforcement of a federal civil immigration law or a federal

• Page 16, Line 10criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States.

• Page 16, Line 11(3)  "Local education provider" means a school district, a

• Page 16, Line 12charter school authorized by a school district pursuant to part

• Page 16, Line 131 of article 30.5 of title 22, a charter school authorized by the

• Page 16, Line 14state charter school institute pursuant to part 5 of article 30.5

• Page 16, Line 15of title 22, or a board of cooperative services created and

• Page 16, Line 16operating pursuant to article 5 of title 22 that operates one or more public schools.

• Page 16, Line 17(4)  "Public child care center" means a child care center

• Page 16, Line 18as defined in section 26.5-5-303 that is licensed pursuant to part

• Page 16, Line 193 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 16, Line 20(5)  "Public health-care facility" means a health-care

• Page 16, Line 21facility that is licensed or certified pursuant to section

• Page 16, Line 2225-1.5-103 (1)(a)(I)(A) or article 3 of title 25, or an essential

• Page 16, Line 23community provider as defined in section 25.5-8-103 (6), and that receives money, in any amount, from the state.

• Page 17, Line 1(6)  "Public institution of higher education" means a state

• Page 17, Line 2institution of higher education, as defined in section 23-18-102;

• Page 17, Line 3local district college, as defined in section 23-71-102; area

• Page 17, Line 4technical college, as defined in section 23-60-103; or private

• Page 17, Line 5institution of higher education, as defined in section 23-18-102,

• Page 17, Line 6that receives college opportunity funding for an eligible undergraduate student.

• Page 17, Line 7(7)  "Public school" means a school of a school district; a

• Page 17, Line 8district charter school authorized by a school district

• Page 17, Line 9pursuant to part 1 of article 30.5 of title 22; an institute

• Page 17, Line 10charter school authorized by the state charter school

• Page 17, Line 11institute pursuant to part 5 of article 30.5 of title 22; an

• Page 17, Line 12approved facility school, as defined in section 22-2-402; the

• Page 17, Line 13Colorado school for the deaf and the blind, as described

• Page 17, Line 14pursuant to section 22-80-102; or a school operated by a board

• Page 17, Line 15of cooperative services created and operating pursuant to article 5 of title 22.

• Page 17, Line 1624-74.1-102.  Limitations within policies - legislative

• Page 17, Line 17declaration. (1)  A public child care center, public school, local

• Page 17, Line 18education provider, public institution of higher education,

• Page 17, Line 19public health-care facility, or an employee thereof shall not

• Page 17, Line 20provide for federal immigration enforcement, except as specifically required by federal or state law:

• Page 17, Line 21(a)  Any personal identifying information about a child or

• Page 17, Line 22student who was or is enrolled in the public child care center,

• Page 17, Line 23public school, local education provider, or public institution of

• Page 18, Line 1higher education, or a patient who sought, received, is seeking,

• Page 18, Line 2or is receiving services from the public health-care facility, except:

• Page 18, Line 3(I)  With the student's or patient's consent through a valid release of information;

• Page 18, Line 4(II)  With the consent of the student's or patient's parent,

• Page 18, Line 5guardian, person who is authorized under applicable law to act

• Page 18, Line 6on behalf of an individual who is an adult, or an emancipated

• Page 18, Line 7minor, in making decisions related to health care, through a valid release of information; or

• Page 18, Line 8(III)  With a public institution of higher education's

• Page 18, Line 9release of enrollment information related to a student visa sponsorship;

• Page 18, Line 10(b)  Any information about a parent, guardian, or relative

• Page 18, Line 11of a person described in subsection (1)(a) of this section; except

• Page 18, Line 12as permitted by law or with the consent of the child's, student's,

• Page 18, Line 13or patient's parent, guardian, or relative, as applicable, through a valid release of information form; or

• Page 18, Line 14(c)  Access to, or consent to access, a part of the public

• Page 18, Line 15child care center's, public school's, local education provider's,

• Page 18, Line 16public institution of higher education's, or public health-care

• Page 18, Line 17facility's facility, auxiliary facility, property, grounds, or

• Page 18, Line 18surrounding area that is not accessible to the public unless a

• Page 18, Line 19warrant issued by a federal judge or federal magistrate or an

• Page 18, Line 20order issued by a federal judge or federal magistrate allows access for federal immigration enforcement.

• Page 18, Line 21(2)  Beginning July 1, 2025, a public child care center,

• Page 19, Line 1public school, local education provider, public institution of

• Page 19, Line 2higher education, public health-care facility, or an employee

• Page 19, Line 3thereof, shall not collect the following, except as required by

• Page 19, Line 4federal or state law, as necessary to perform duties, or to

• Page 19, Line 5verify a person's eligibility for a government-funded program if

• Page 19, Line 6verification is a necessary condition of government funding or participation:

• Page 19, Line 7(a)  Place of birth;

• (b)  Immigration or citizenship status; or

• Page 19, Line 8(c)  Information from passports, permanent resident cards,

• Page 19, Line 9alien registration cards, or employment authorization documents.

• Page 19, Line 10(3)  It is not a violation of this section to release a record pursuant to:

• Page 19, Line 11(a)  A subpoena issued by a federal judge or federal magistrate;

• Page 19, Line 12(b)  An order issued by a federal judge or federal magistrate;

• Page 19, Line 13(c)  A warrant issued by a federal judge or federal magistrate;

• Page 19, Line 14(d)  The consent of the student or patient through a valid release of information; or

• Page 19, Line 15(e)  The consent of the child's, student's or patient's parent or guardian through a valid release of information.

• Page 19, Line 16(4) (a)  No later than September 1, 2025, each public child

• Page 19, Line 17care center, public school, local education provider, public

• Page 19, Line 18institution of higher education, and public health-care facility

• Page 20, Line 1shall adopt and implement a policy for employees and a policy

• Page 20, Line 2for children, students, patients, parents, guardians, relatives,

• Page 20, Line 3and the general public, or amend an existing policy, that aligns

• Page 20, Line 4with the requirements of this article 74.1. The policy must include, at a minimum:

• Page 20, Line 5(I)  Procedures to maintain the protection of information and spaces described in subsection (1) of this section;

• Page 20, Line 6(II)  Procedures to properly release information in

• Page 20, Line 7compliance with federal law that is otherwise protected if federal immigration authorities have:

• Page 20, Line 8(A)  A subpoena issued by a federal judge or magistrate;

• Page 20, Line 9(B)  An order issued by a federal judge or federal magistrate to allow access; or

• Page 20, Line 10(C)  A warrant issued by a federal judge or federal magistrate;

• Page 20, Line 11(III)  The designation of a responsible employee to be

• Page 20, Line 12notified if information or access is requested for federal immigration enforcement;

• Page 20, Line 13(IV)  Information that must be requested of and

• Page 20, Line 14documented regarding the federal immigration enforcement,

• Page 20, Line 15including the first and last name of the person leading the

• Page 20, Line 16federal immigration enforcement, employer, badge number, and

• Page 20, Line 17a copy of the subpoena issued by a federal judge or magistrate,

• Page 20, Line 18warrant issued by a federal judge or magistrate, or order issued by a federal judge or magistrate to allow access; and

• Page 20, Line 19(V)  Procedures to communicate information, as

• Page 20, Line 20appropriate, about a federal immigration authority's request

• Page 21, Line 1for information or access to the child, student, or patient who

• Page 21, Line 2was the subject of the request, or parent, guardian, or relative of the child, student, or patient.

• Page 21, Line 3(b)  A public child care center, public school, local

• Page 21, Line 4education provider, public institution of higher education, or

• Page 21, Line 5public health-care facility shall make its policies required

• Page 21, Line 6pursuant to this section available through its traditional

• Page 21, Line 7means, including upon request, a handbook, a website, a patient

• Page 21, Line 8portal, or any other means that the public child care center,

• Page 21, Line 9public school, local education provider, public institution of

• Page 21, Line 10higher education, or public health-care facility uses to

• Page 21, Line 11communicate with children, students, patients, parents, guardians, relatives, and the general public.

• Page 21, Line 12(5)  This section does not preempt 8 U.S.C. sec. 1973.

• Page 21, Line 13(6)  Matters in this article 74.1 are declared to be matters of statewide concern.

• Page 21, Line 1424-74.1-103.  Remedy. (1)  A public child care center, public

• Page 21, Line 15school, local education provider, public institution of higher

• Page 21, Line 16education, or public health-care facility that is found to have

• Page 21, Line 17intentionally violated a provision of this article 74.1 is subject

• Page 21, Line 18to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation.

• Page 21, Line 19(2)  A civil penalty collected pursuant to subsection (1) of

• Page 21, Line 20this section must be transferred to the state treasurer, who

• Page 21, Line 21shall credit it to the immigration legal defense fund established pursuant to section 8-3.8-101.

• Page 21, Line 22(3)  For purposes of an action for a temporary restraining

• Page 22, Line 1order or preliminary injunction brought pursuant to this

• Page 22, Line 2section, the general assembly finds and declares that violation

• Page 22, Line 3of this article 74.1 poses a real, immediate, and irreparable

• Page 22, Line 4injury for which there is no plain, speedy, and adequate remedy

• Page 22, Line 5at law, and the public interest is served by compliance with this article 74.1.

• Page 22, Line 6SECTION 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 22, Line 724-76.6-101.  Definitions. As used in this article 76.6, unless the context otherwise requires:

• Page 22, Line 8(1)  "Civil immigration detainer" means a written request issued

• Page 22, Line 9by for federal immigration enforcement authorities pursuant to 8 CFR

• Page 22, Line 10287.7 to law enforcement officers to arrest or detain an individual

• Page 22, Line 11or to maintain custody of an individual beyond the time when the

• Page 22, Line 12individual is eligible for release from custody, including any a request for

• Page 22, Line 13law enforcement agency action, warrant for arrest of alien, order to detain

• Page 22, Line 14or release alien, or warrant of removal/deportation removal or

• Page 22, Line 15deportation on any a form promulgated by federal immigration enforcement. authorities.

• Page 22, Line 16(1.5)  "Detention facility" means a correctional facility,

• Page 22, Line 17as defined in section 17-1-102; local jail, as defined in section

• Page 22, Line 1817-1-102; multijurisdictional jail, as defined in section

• Page 22, Line 1917-26.5-101; or municipal jail, as described in section 31-15-401(1)(j).

• Page 22, Line 20(2.3)  "Governmental entity" has the same meaning as set forth in section 24-76.7-101.

• Page 22, Line 21(2.7)  "Immigration enforcement operation" means an

• Page 23, Line 1operation in which the primary objective is the identification or apprehension of a person or persons to:

• Page 23, Line 2(a)  Subject them to civil immigration detention, removal,

• Page 23, Line 3or deportation proceedings, or removal or deportation from the United States; or

• Page 23, Line 4(b)  Criminally prosecute them for offenses related to

• Page 23, Line 5their immigration status. The offenses may include violations of

• Page 23, Line 6sections 8 U.S.C. sec. 1253, 8 U.S.C. sec. 1304 (e), 8 U.S.C. sec. 1306

• Page 23, Line 7(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 23, Line 8(3)  "Law enforcement officer" means a peace officer employed by

• Page 23, Line 9the Colorado state patrol, a municipal police department, a town marshal's

• Page 23, Line 10office, or a county sheriff's office described in article 2.5 of title 16,

• Page 23, Line 11while acting in the peace officer's employment capacity, whether

• Page 23, Line 12elected or appointed or whether employed full-time, part-time, or temporarily.

• Page 23, Line 13SECTION 15.  In Colorado Revised Statutes, 24-76.6-102, amend (1)(b) and (2); and add (2.5) as follows:

• Page 23, Line 1424-76.6-102.  Civil immigration detainers - legislative declaration. (1)  The general assembly finds and declares that:

• Page 23, Line 15(b)  Requests for civil immigration detainers, or any other

• Page 23, Line 16requests to arrest or detain a person for immigration

• Page 23, Line 17enforcement, are not warrants under Colorado law. A warrant is a

• Page 23, Line 18written order by a judge directed to a law enforcement officer

• Page 23, Line 19commanding the arrest of the person named, as defined in section

• Page 23, Line 2016-1-104 (18). None of the civil immigration detainer requests received

• Page 23, Line 21from the federal immigration authorities are reviewed, approved, or

• Page 24, Line 1signed by a judge as required by Colorado law. The continued detention

• Page 24, Line 2of an inmate at the request of federal immigration authorities beyond

• Page 24, Line 3when he or she would otherwise be released constitutes a warrantless

• Page 24, Line 4arrest, which is unconstitutional, People v. Burns, 615 P.2d 686, 688 (Colo. 1980).

• Page 24, Line 5(2) (a)  A law enforcement officer shall not arrest or detain an

• Page 24, Line 6individual on the basis of a civil immigration detainer. request. For the

• Page 24, Line 7purpose of this subsection (2), "detain" includes the denial or

• Page 24, Line 8delay of release from custody for immigration enforcement operations or for immigration enforcement purposes.

• Page 24, Line 9(b)  If an individual has posted bond and the bond has been

• Page 24, Line 10processed, the continued detainment of the individual on the

• Page 24, Line 11basis of a civil immigration detainer is a new, warrantless arrest.

• Page 24, Line 12(2.5)  A law enforcement officer shall not command or

• Page 24, Line 13request a private citizen to assist in the arrest or detainment of an individual on the basis of a civil immigration detainer.

• Page 24, Line 14SECTION 16.  In Colorado Revised Statutes, 24-76.6-103, amend (1) as follows:

• Page 24, Line 1524-76.6-103.  Limitations on providing personal information

• Page 24, Line 16by probation offices. (1) (a)  A probation officer, or probation

• Page 24, Line 17department employee, pretrial officer, or pretrial services office

• Page 24, Line 18employee shall not provide personal information about an individual to federal immigration authorities.

• Page 24, Line 19(b)  For purposes of this subsection (1), "pretrial officer"

• Page 24, Line 20or "pretrial services office employee" includes an agent of a

• Page 24, Line 21pretrial services office when acting on behalf of, or at the

• Page 25, Line 1direction of, a pretrial services office in their capacity as an agent of a pretrial services office.

• Page 25, Line 2SECTION 17.  In Colorado Revised Statutes, add 24-76.6-104 as follows:

• Page 25, Line 324-76.6-104.  Limitation on access in detention facilities.A law

• Page 25, Line 4enforcement officer, or any employee or agent of a detention

• Page 25, Line 5facility, shall not allow federal immigration authorities access

• Page 25, Line 6to a part of the detention facility that is not accessible to the

• Page 25, Line 7public, unless the federal immigration authorities have a

• Page 25, Line 8warrant issued by a federal judge or magistrate to allow

• Page 25, Line 9access, or if the federal immigration authorities have a writ

• Page 25, Line 10issued by a judge concerning the transfer of an inmate to or from federal custody.

• Page 25, Line 11SECTION 18.  In Colorado Revised Statutes, 24-76.7-101, amend (2) as follows:

• Page 25, Line 1224-76.7-101.  Definitions. As used in this article 76.7, unless the context otherwise requires:

• Page 25, Line 13(2)  "Immigration detention agreement" means any a contract,

• Page 25, Line 14including, but not limited to, an intergovernmental service agreement, or

• Page 25, Line 15portion thereof for payment to with a governmental entity to detain

• Page 25, Line 16individuals for federal civil immigration purposes. For a contract or

• Page 25, Line 17intergovernmental service agreement that is only in part for the detention

• Page 25, Line 18of individuals for federal immigration officials, this term only applies to the civil immigration detention portion of the contract.

• Page 25, Line 19SECTION 19.  In Colorado Revised Statutes, 28-3-103, add (10) as follows:

• Page 25, Line 2028-3-103.  General provisions. (10)  A military force from

• Page 26, Line 1another state, territory, or district shall not enter the state

• Page 26, Line 2without the permission of the governor; except that this

• Page 26, Line 3subsection (10) does not apply to a military force from another

• Page 26, Line 4state, territory, or district that is on federal orders and acting as a part of the armed forces.

• Page 26, Line 5SECTION 20.  In Colorado Revised Statutes, 6-1-1308, amend (3) and (7) as follows:

• Page 26, Line 66-1-1308.  Duties of controllers. (3)  Duty of data minimization.

• Page 26, Line 7A controller's collection of personal data must be adequate, relevant, and

• Page 26, Line 8limited to what is reasonably necessary in relation to the specified

• Page 26, Line 9purposes for which the data are processed limited to what is

• Page 26, Line 10reasonable, necessary, and proportionate to provide or maintain

• Page 26, Line 11a specific product or service requested by the consumer to whom the data pertains.

• Page 26, Line 12(7)  Duty regarding sensitive data. A controller shall not process

• Page 26, Line 13or sell a consumer's sensitive data without first obtaining the consumer's

• Page 26, Line 14consent or, in the case of the processing of personal data concerning a

• Page 26, Line 15known child, without first obtaining consent from the child's parent or lawful guardian.

• Page 26, Line 16SECTION 21.  In Colorado Revised Statutes, 8-3.8-101, amend (2) as follows:

• Page 26, Line 178-3.8-101.  Immigration legal assistance - fund - report -

• Page 26, Line 18definitions. (2) (a)  There is established in the state treasury the

• Page 26, Line 19immigration legal defense fund. The money in the fund is continuously

• Page 26, Line 20appropriated to the administrator. Pursuant to subsection (5)(b) of this

• Page 26, Line 21section, the administrator is authorized to make grants from the fund to

• Page 26, Line 22qualifying organizations to represent indigent individuals appearing before an immigration court in Colorado who lack private counsel.

• Page 27, Line 1(b)  The state treasurer shall credit any civil penalty

• Page 27, Line 2money transferred to the state treasurer pursuant to section

• Page 27, Line 324-74-107 or 24-74.1-103 and interest and income derived from the

• Page 27, Line 4deposit and investment of the civil penalty money in the fund to the fund.

• Page 27, Line 5SECTION 22.  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 622-2-117.  Additional power - state board - waiver of

• Page 27, Line 7requirements - rules. (1) (b)  The state board shall not waive any of the requirements specified in any of the following statutory provisions:

• Page 27, Line 8(XI)  Any provision of section 22-1-145 relating to the use of a

• Page 27, Line 9student's chosen name, as defined in section 22-1-145 (1), in a public school; or

• Page 27, Line 10(XII)  The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or

• Page 27, Line 11(XIII)  A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.

• Page 27, Line 12SECTION 23.  In Colorado Revised Statutes, 22-30.5-104,

• Page 27, Line 13amend (6)(c) introductory portion, (6)(c)(X), and (6)(c)(XI); and add (6)(c)(XII) as follows:

• Page 27, Line 1422-30.5-104.  Charter school - requirements - authority - rules

• Page 27, Line 15- definitions. (6) (c)  A school district, on behalf of a charter school, may

• Page 27, Line 16apply to the state board for a waiver of a state statute or state rule that is

• Page 27, Line 17not an automatic waiver. Notwithstanding any provision of this

• Page 27, Line 18subsection (6), to the contrary, the state board may shall not waive any

• Page 27, Line 19a statute or rule relating to:

• Page 28, Line 1(X)  Any provision of section 22-1-145 relating to the use of a

• Page 28, Line 2student's chosen name, as defined in section 22-1-145 (1), in a public school; or

• Page 28, Line 3(XI)  The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or

• Page 28, Line 4(XII)  A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.

• Page 28, Line 5SECTION 24.  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 622-30.5-507.  Institute charter school - requirements -

• Page 28, Line 7authority - rules - definitions. (7) (b)  An institute charter school may

• Page 28, Line 8apply to the state board, through the institute, for a waiver of state statutes

• Page 28, Line 9and state rules that are not automatic waivers. The state board may waive

• Page 28, Line 10state statutory requirements or rules promulgated by the state board;

• Page 28, Line 11except that the state board may shall not waive any statute or rule relating to:

• Page 28, Line 12(X)  Any provision of section 22-1-145 relating to the use of a

• Page 28, Line 13student's chosen name, as defined in section 22-1-145 (1), in a public school; or

• Page 28, Line 14(XI)  The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or

• Page 28, Line 15(XII)  A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.

• Page 28, Line 16SECTION 25.  Severability. If any provision of this act or the

• Page 28, Line 17application of this act to any person or circumstance is held invalid, the

• Page 28, Line 18invalidity does not affect other provisions or applications of the act that

• Page 28, Line 19can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

• Page 29, Line 1SECTION 26.  Safety clause. The general assembly finds,

• Page 29, Line 2determines, and declares that this act is necessary for the immediate

• Page 29, Line 3preservation of the public peace, health, or safety or for appropriations for

• Page 29, Line 4the support and maintenance of the departments of the state and state institutions.