Senate Bill 25-276 Introduced

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.

• 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 must be supported by probable cause. Additionally, section

• Page 3, Line 67 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 States constitution;

• Page 4, Line 6(e)  The fourteenth amendment of the United States constitution

• Page 4, Line 7establishes that all persons within the jurisdiction of the United States are

• Page 4, Line 8entitled to equal protection under the law and cannot be deprived of due process, regardless of citizenship or immigration status; and

• Page 4, Line 9(f)  State and local governments must not infringe upon the

• Page 4, Line 10constitutional rights of individuals or use state and local resources for federal immigration enforcement.

• Page 4, Line 11(2)  Therefore, the general assembly declares that all persons in

• Page 4, Line 12Colorado are entitled to protections of and compliance with the United States constitution and the Colorado constitution.

• Page 4, Line 13SECTION 2.  In Colorado Revised Statutes, 23-7-110, amend (2) and (4) as follows:

• Page 4, Line 1423-7-110.  Tuition classification of students who successfully

• Page 4, Line 15complete high school or a high school equivalency examination in

• Page 4, Line 16Colorado. (2) (a)  In addition to satisfying the requirements set forth in

• Page 4, Line 17subsection (1) of this section, a student seeking tuition classification as

• Page 4, Line 18an in-state student pursuant to this section who does not have lawful

• Page 4, Line 19immigration status must submit an affidavit to the institution to which the

• Page 4, Line 20student is admitted, stating that the student has applied for lawful

• Page 4, Line 21presence or will apply as soon as he or she is eligible to do so.

• Page 5, Line 1(b)  The institution shall not count a student described in

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

• Page 5, Line 3tuition classification and the purpose described in subsection (2.5) of this

• Page 5, Line 4section; except that the student A student seeking tuition

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

• Page 5, Line 6who does not have lawful immigration status is eligible for the

• Page 5, Line 7college opportunity fund program pursuant to the provisions of part 2 of

• Page 5, Line 8article 18 of this title 23 and state student financial assistance pursuant to

• Page 5, Line 9article 3.3 of this title 23, upon confirmation of the student's uniquely

• Page 5, Line 10identifying student number provided by the local education provider

• Page 5, Line 11where the student graduated from high school or successfully completed

• Page 5, Line 12a high school equivalency examination, as defined in section 22-33-102

• Page 5, Line 13(8.5), and may be eligible for institutional or other private financial aid

• Page 5, Line 14programs. Any information collected prior to the effective date

• Page 5, Line 15of this Senate Bill 25-__ for the purpose of demonstrating

• Page 5, Line 16student eligibility for the college opportunity fund for a

• Page 5, Line 17student who does not have lawful immigration status must be

• Page 5, Line 18managed in accordance with the data privacy policy adopted by the department of higher education.

• Page 5, Line 19(4)  Any information provided to satisfy the criteria specified in

• Page 5, Line 20this section shall be is confidential unless disclosure is explicitly required

• Page 5, Line 21by law. An institution that receives an affidavit described in subsection

• Page 5, Line 22(2) of this section shall treat the affidavit as an education record of the

• Page 5, Line 23student under the provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.

• Page 5, Line 24SECTION 3.  In Colorado Revised Statutes, 42-2-505, repeal

• Page 5, Line 25(1)(d) as follows:

• Page 6, Line 142-2-505.  Identification documents - individuals not lawfully

• Page 6, Line 2present - rules. (1)  Documents issued. An individual who is not

• Page 6, Line 3lawfully present in the United States may apply for an identification

• Page 6, Line 4document in accordance with this part 5. The department shall issue an identification document to an applicant who:

• Page 6, Line 5(d)  Affirms in an affidavit signed by the applicant that the

• Page 6, Line 6applicant 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 7SECTION 4.  In Colorado Revised Statutes, 16-4-102, add (2)(e.5) as follows:

• Page 6, Line 816-4-102.  Right to bail - before conviction - definition.

• Page 6, Line 9(2) (e.5) (I)  The custodian of a jail shall not delay a defendant's

• Page 6, Line 10release from custody for the purpose of an immigration enforcement operation.

• Page 6, Line 11(II)  For purposes of this subsection (2)(e.5), "immigration

• Page 6, Line 12enforcement operation" has the same meaning as set forth in section 24-76.6-101.

• Page 6, Line 13SECTION 5.  In Colorado Revised Statutes, 18-1-410.6, amend (2), (3)(a), and (4) introductory portion as follows:

• Page 6, Line 1418-1-410.6.  Relief from improperly entered guilty pleas for

• Page 6, Line 15certain misdemeanor and municipal offenses - legislative declaration.

• Page 6, Line 16(2)  Therefore, the general assembly declares that noncitizen defendants

• Page 6, Line 17must have the opportunity to meaningfully challenge an

• Page 6, Line 18unconstitutionally entered guilty plea for certain class 1 misdemeanors,

• Page 6, Line 19class 2 misdemeanors, class 3 misdemeanors, traffic misdemeanors, petty offenses, and municipal offenses.

• Page 6, Line 20(3) (a)  Notwithstanding a limitation contained in section 16-5-402,

• Page 7, Line 1a municipal ordinance, or a municipal court rule of procedure, at any time

• Page 7, Line 2following the entry of a guilty plea, a criminal defendant may challenge

• Page 7, Line 3the guilty plea on the grounds set forth in subsection (4) of this section to a:

• Page 7, Line 4(I)  Class 1, or class 2, or class 3 misdemeanor as classified at

• Page 7, Line 5the 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 6(II)  Municipal offense that is not substantially similar to an

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

• Page 7, Line 8(III)  Traffic misdemeanor; or

• (IV)  Petty offense.

• Page 7, Line 9(4)  A defendant moving to vacate a guilty plea to a class 1, or

• Page 7, Line 10class 2, or class 3 misdemeanor as classified at the time the guilty

• Page 7, Line 11plea was entered; a traffic misdemeanor; a petty offense; or a municipal offense, must, in good faith, allege the following:

• Page 7, Line 12SECTION 6.  In Colorado Revised Statutes, 24-74-101, amend (1)(a), (1)(b), (1)(d), and (1)(e) as follows:

• Page 7, Line 1324-74-101.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

• Page 7, Line 14(a)  State agencies and political subdivisions increasingly

• Page 7, Line 15collect residents' personal information to be able to provide a variety of

• Page 7, Line 16services, including education, healthcare health care, financial

• Page 7, Line 17assistance, and regulatory and enforcement activities designed to ensure the safety of Colorado residents;

• Page 7, Line 18(b)  Colorado residents have a reasonable expectation that state

• Page 7, Line 19agencies and political subdivisions will not disclose this information with outside actors for unintended purposes;

• Page 8, Line 1(d)  All Coloradans should feel welcome to be the recipients of

• Page 8, Line 2state receive state and local services without fear of abuse of their privacy or data;

• Page 8, Line 3(e)  Any role that a state agency or political subdivision plays

• Page 8, Line 4in enforcing federal immigration laws can undermine public trust and

• Page 8, Line 5deter persons from accessing these services offered by state agencies and political subdivisions;

• Page 8, Line 6SECTION 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 8, Line 724-74-102.  Definitions. As used in this article 74, unless the context otherwise requires:

• Page 8, Line 8(1.5)  "Political subdivision" means a governing subdivision

• Page 8, Line 9of the state, including a county or municipality, or a board,

• Page 8, Line 10commission, institution, department, or agency of the political

• Page 8, Line 11subdivision. "County" includes a home rule county. "Municipality" includes a home rule municipality.

• Page 8, Line 12(1.6)  "Political subdivision employee" means a person in

• Page 8, Line 13the service of a political subdivision while acting in the person's

• Page 8, Line 14employment capacity. "Political subdivision employee" includes

• Page 8, Line 15an officer or employee, whether elected or appointed and

• Page 8, Line 16whether full-time, part-time, or temporary. "Political

• Page 8, Line 17subdivision employee" also includes an agent of a political

• Page 8, Line 18subdivision when acting on behalf of, or at the direction of, a

• Page 8, Line 19political subdivision in their capacity as an agent of a political subdivision.

• Page 8, Line 20(1.8)  "Public institution of higher education" means a

• Page 9, Line 1state institution of higher education, as defined in section 23-18-102, local district college, or area technical college.

• Page 9, Line 2(3)  "State agency" means a department of the executive branch of

• Page 9, Line 3state government, including any division, office, agency, or other unit

• Page 9, Line 4created within a department or the governor's office, including institutions

• Page 9, Line 5of higher education and the Colorado commission on higher education a

• Page 9, Line 6department of the legislative, judicial, or executive branch of

• Page 9, Line 7state government, including a division, office, agency, or other

• Page 9, Line 8unit created within a department of the legislative, judicial, or

• Page 9, Line 9executive branch; a board, commission, authority, or public

• Page 9, Line 10institution of higher education; or the Colorado commission on higher education.

• Page 9, Line 11(4)  "State agency employee" means every person in the service of

• Page 9, Line 12a state agency, including all officers and employees, whether full-time,

• Page 9, Line 13part-time, or temporary, and whether classified in or exempt from the

• Page 9, Line 14state personnel system. "State agency employee" also includes all

• Page 9, Line 15independent contractors of a state agency when acting in their capacity as

• Page 9, Line 16independent contractors for the state agency a person in the service of

• Page 9, Line 17a state agency while acting in the person's employment capacity.

• Page 9, Line 18"State agency employee" includes an officer or employee,

• Page 9, Line 19whether elected or appointed; full-time, part-time, or

• Page 9, Line 20temporary; and classified in or exempt from the state personnel

• Page 9, Line 21system. "State agency employee" also includes an agent of a

• Page 9, 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 9, Line 23(5)  "Third party" means any a person or entity, including any a

• Page 9, Line 24law enforcement officer or agency, that is not a state agency, a state

• Page 10, Line 1agency employee, a political subdivision, a political subdivision

• Page 10, Line 2employee, or otherwise part of the state government or a political

• Page 10, Line 3subdivision. "Third party" includes a private entity that

• Page 10, Line 4contracts with, and collects or manages data on behalf of, a state agency or political subdivision.

• Page 10, Line 5SECTION 8.  In Colorado Revised Statutes, amend 24-74-103 as follows:

• Page 10, Line 624-74-103.  Personal identifying information shared by state

• Page 10, Line 7agencies or political subdivisions - limitation - responsibilities - state

• Page 10, Line 8agency or political subdivision employee. A state agency employee or

• Page 10, Line 9political subdivision employee shall not disclose or make accessible,

• Page 10, Line 10including through a database or automated network, personal identifying

• Page 10, Line 11information that is not publicly available information for the purpose of

• Page 10, Line 12investigating for, participating in, cooperating with, or assisting in federal

• Page 10, Line 13immigration enforcement, including enforcement of civil immigration

• Page 10, Line 14laws and 8 U.S.C. sec. 1325 or 1326, except as required by federal or

• Page 10, Line 15state law, including student visa sponsorship requirements for

• Page 10, Line 16public institutions of higher education or requirements that are

• Page 10, Line 17necessary to perform state agency or political subdivision

• Page 10, Line 18duties, or as required to comply with a court-issued subpoena, warrant, or order.

• Page 10, Line 19SECTION 9.  In Colorado Revised Statutes, 24-74-104, amend (1), (2) introductory portion, and (3) as follows:

• Page 10, Line 2024-74-104.  Reduce personal identifying information collected

• Page 10, Line 21by state agencies or political subdivisions. (1)  Beginning January 1,

• Page 10, Line 222022, A state agency employee or political subdivision employee

• Page 10, Line 23shall not inquire into, or request information or documents to ascertain,

• Page 11, Line 1a person's immigration status, for the purpose of identifying if the person

• Page 11, Line 2has complied with federal immigration laws, including civil immigration

• Page 11, Line 3laws and 8 U.S.C. sec. 1325 or 1326 except as required by state or federal

• Page 11, Line 4law or as necessary to perform state agency or political subdivision

• Page 11, Line 5duties, including collecting information for student visa

• Page 11, Line 6sponsorship and student financial aid or to verify a person's

• Page 11, Line 7eligibility for a government-funded program for housing or economic

• Page 11, Line 8development if verification is a necessary condition of the government funding.

• Page 11, Line 9(2)  Beginning January 1, 2022, A state agency or political

• Page 11, Line 10subdivision shall not collect the following, except as required by state or

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

• Page 11, Line 12subdivision duties, or to verify a person's eligibility for a

• Page 11, Line 13government-funded program for housing or economic development if verification is a necessary condition of the government funding:

• Page 11, Line 14(3) (a)  This section does not apply to information in a database

• Page 11, Line 15or automated network collecting data or documents that was activated by a state agency on or before December 31, 2021.

• Page 11, Line 16(b)  This section does not apply to information in a

• Page 11, Line 17database or automated network collecting data or documents

• Page 11, Line 18that was activated by a political subdivision, on or before June 30, 2025.

• Page 11, Line 19SECTION 10.  In Colorado Revised Statutes, 24-74-105, amend (2) as follows:

• Page 11, Line 2024-74-105.  Access to state agency or political subdivision

• Page 11, Line 21records - limitations. (2)  The attorney general's office shall create a

• Page 11, Line 22model certification form and provide it to state agencies within sixty days

• Page 12, Line 1of June 25, 2021 make it available to state agencies and political subdivisions.

• Page 12, Line 2SECTION 11.  In Colorado Revised Statutes, 24-74-106, amend

• Page 12, Line 3(1) introductory portion, (1)(a), (1)(g), (2) introductory portion, (2)(d), and (4) as follows:

• Page 12, Line 424-74-106.  Record-keeping and reporting - requests for

• Page 12, Line 5records or information - definition - repeal. (1)  For purposes of As

• Page 12, Line 6used in this section, "request" includes any time a third party, other than

• Page 12, Line 7a person in interest as defined in section 24-72-202 (4), communicates,

• Page 12, Line 8whether through written or electronic form, with a state agency, or state

• Page 12, Line 9agency employee, political subdivision, or political subdivision

• Page 12, Line 10employee for the purpose of obtaining records or information that includes personal identifying information. "Request" does not include:

• Page 12, Line 11(a)  A request made under pursuant to the "Colorado Open

• Page 12, Line 12Records Act", part 2 of article 72 of this title 24, or the "Colorado

• Page 12, Line 13Criminal Justice Records Act", parts 2 and part 3 of article 72 of this

• Page 12, Line 14title 24; except that, for purposes of this section, "request" does include

• Page 12, Line 15a request made under pursuant to the "Colorado Open Records Act",

• Page 12, Line 16part 2 of article 72 of this title 24, whether made by telephone or through

• Page 12, Line 17written or electronic form, if the requester indicates or a state agency or

• Page 12, Line 18political subdivision employee determines the request is made for the

• Page 12, Line 19purpose of investigating for, participating in, cooperating with, or

• Page 12, Line 20assisting in federal immigration enforcement, including enforcement of civil immigration laws and 8 U.S.C. sec. 1325 or 1326;

• Page 12, Line 21(g)  A request from a government entity for purposes of

• Page 12, Line 22determining a person's eligibility for a government funded program for

• Page 12, Line 23health care, housing, or economic development.

• Page 13, Line 1(2)  Except as provided in subsection (3) of this section, beginning

• Page 13, Line 2January 1, 2022, if a third party makes a request for a record from a state

• Page 13, Line 3agency or political subdivision and the record contains personal

• Page 13, Line 4identifying information, the state agency or political subdivision shall retain a written record containing the following information:

• Page 13, Line 5(d)  The name and title of the state agency employee or political subdivision employee who granted or denied the request;

• Page 13, Line 6(4) (a) (I)  Beginning January 1, 2022, and on a quarterly basis thereafter through September 30, 2025, each state agency shall:

• Page 13, Line 7(a)  (A)  Submit to the governor's office of legal counsel the information specified in subsection (2) of this section; and

• Page 13, Line 8(b)  (B)  Attest that no request was none of the requests were granted for any purpose prohibited by this article 74.

• Page 13, Line 9(II)  This subsection (4)(a) is repealed, effective July 1, 2026.

• Page 13, Line 10(b)  Beginning October 1, 2025, and on a quarterly basis thereafter, each state agency and political subdivision shall:

• Page 13, Line 11(I)  Submit to the governor's office of legal counsel and to

• Page 13, Line 12the attorney general the information specified in subsection (2) of this section; and

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

• Page 13, Line 14SECTION 12.  In Colorado Revised Statutes, amend 24-74-107 as follows:

• Page 13, Line 1524-74-107.  Data privacy breaches - civil penalty. (1)  Any A

• Page 13, Line 16state agency employee or political subdivision employee who

• Page 13, Line 17intentionally violates the provisions a provision of this article 74 is

• Page 13, Line 18subject to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation.

• Page 14, Line 1(2)  Any civil penalty money collected pursuant to

• Page 14, Line 2subsection (1) of this section for immigration-related violations

• Page 14, Line 3must be transferred to the state treasurer, who shall credit it

• Page 14, Line 4to the immigration legal defense fund established pursuant to section 8-3.8-101.

• Page 14, Line 5SECTION 13.  In Colorado Revised Statutes, add article 74.1 to title 24 as follows:

• Page 14, Line 6ARTICLE 74.1

• Policies Regarding Federal Immigration Enforcement Actions

• Page 14, Line 724-74.1-101.  Definitions.As used in this article 74.1, unless the context otherwise requires:

• Page 14, Line 8(1)  "Employee" means a person in the service of a public

• Page 14, Line 9child care center, public school, local education provider,

• Page 14, Line 10public institution of higher education, or public health-care

• Page 14, Line 11facility while acting in the person's employment capacity.

• Page 14, Line 12"Employee" includes an officer or employee, whether elected or

• Page 14, Line 13appointed and whether full-time, part-time, or temporary.

• Page 14, Line 14"Employee" also includes an agent of a public child care center,

• Page 14, Line 15public school, local education provider, public institution of

• Page 14, Line 16higher education, or public health-care facility when acting in

• Page 14, Line 17their capacity as an agent of a public child care center, public

• Page 14, Line 18school, local education provider, public institution of higher education, or public health-care facility.

• Page 14, Line 19(2)  "Federal immigration enforcement" means an effort to

• Page 14, Line 20investigate, enforce, or assist in the investigation or

• Page 14, Line 21enforcement of a federal civil immigration law or a federal

• Page 15, Line 1criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States.

• Page 15, Line 2(3)  "Local education provider" means a school district, a

• Page 15, Line 3charter school authorized by a school district pursuant to part

• Page 15, Line 41 of article 30.5 of title 22, a charter school authorized by the

• Page 15, Line 5state charter school institute pursuant to part 5 of article 30.5

• Page 15, Line 6of title 22, or a board of cooperative services created and

• Page 15, Line 7operating pursuant to article 5 of title 22 that operates one or more public schools.

• Page 15, Line 8(4)  "Public child care center" means a child care center

• Page 15, Line 9as defined in section 26.5-5-303 that is licensed pursuant to part

• Page 15, Line 103 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 11(5)  "Public health-care facility" means a health-care

• Page 15, Line 12facility that is licensed or certified pursuant to section

• Page 15, Line 1325-1.5-103 (1)(a)(I)(A) or article 3 of title 25, or an essential

• Page 15, Line 14community provider as defined in section 25.5-8-103 (6), and that receives money, in any amount, from the state.

• Page 15, Line 15(6)  "Public institution of higher education" means a state

• Page 15, Line 16institution of higher education, as defined in section 23-18-102;

• Page 15, Line 17local district college, as defined in section 23-71-102; area

• Page 15, Line 18technical college, as defined in section 23-60-103; or private

• Page 15, Line 19institution of higher education, as defined in section 23-18-102,

• Page 15, Line 20that receives college opportunity funding for an eligible undergraduate student.

• Page 15, Line 21(7)  "Public school" means a school of a school district; a

• Page 15, Line 22district charter school authorized by a school district

• Page 16, Line 1pursuant to part 1 of article 30.5 of title 22; an institute

• Page 16, Line 2charter school authorized by the state charter school

• Page 16, Line 3institute pursuant to part 5 of article 30.5 of title 22; an

• Page 16, Line 4approved facility school, as defined in section 22-2-402; the

• Page 16, Line 5Colorado school for the deaf and the blind, as described

• Page 16, Line 6pursuant to section 22-80-102; or a school operated by a board

• Page 16, Line 7of cooperative services created and operating pursuant to article 5 of title 22.

• Page 16, Line 824-74.1-102.  Limitations within policies. (1)  A public child

• Page 16, Line 9care center, public school, local education provider, public

• Page 16, Line 10institution of higher education, public health-care facility, or

• Page 16, Line 11an employee thereof shall not provide for federal immigration

• Page 16, Line 12enforcement, except as specifically required by federal or state law:

• Page 16, Line 13(a)  Any personal identifying information about a child or

• Page 16, Line 14student who was or is enrolled in the public child care center,

• Page 16, Line 15public school, local education provider, or public institution of

• Page 16, Line 16higher education, or a patient who sought, received, is seeking,

• Page 16, Line 17or is receiving services from the public health-care facility, except:

• Page 16, Line 18(I)  With the student's or patient's consent through a valid release of information;

• Page 16, Line 19(II)  With the consent of the student's or patient's parent or guardian 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

• Page 16, Line 22sponsorship;

• 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 4or patient'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, or public health-care

• Page 17, Line 8facility's facility, auxiliary facility, property, grounds, or

• Page 17, Line 9surrounding area that is not accessible to the public unless a

• Page 17, Line 10warrant issued by a federal judge or federal magistrate or an

• Page 17, Line 11order issued by a federal judge or federal magistrate allows access for federal immigration enforcement.

• Page 17, Line 12(2)  It is not a violation of this section to release a record pursuant to:

• Page 17, Line 13(a)  A subpoena issued by a federal judge or federal magistrate;

• Page 17, Line 14(b)  An order issued by a federal judge or federal magistrate;

• Page 17, Line 15(c)  A warrant issued by a federal judge or federal magistrate;

• Page 17, Line 16(d)  The consent of the student or patient through a valid release of information; or

• Page 17, Line 17(e)  The consent of the child's, student's or patient's parent or guardian through a valid release of information.

• Page 17, Line 18(3) (a)  No later than September 1, 2025, each public child

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

• Page 18, Line 1institution of higher education, and public health-care facility

• Page 18, Line 2shall adopt and implement a policy for employees and a policy

• Page 18, Line 3for children, students, patients, parents, guardians, relatives,

• Page 18, Line 4and the general public, or amend an existing policy, that aligns

• Page 18, Line 5with the requirements of this article 74.1. The policy must include, at a minimum:

• Page 18, Line 6(I)  Procedures to maintain the protection of information and spaces described in subsection (1) of this section;

• Page 18, Line 7(II)  Procedures to properly release information in

• Page 18, Line 8compliance with federal law that is otherwise protected if federal immigration authorities have:

• Page 18, Line 9(A)  A subpoena issued by a federal judge or magistrate;

• Page 18, Line 10(B)  An order issued by a federal judge or federal magistrate to allow access; or

• Page 18, Line 11(C)  A warrant issued by a federal judge or federal magistrate;

• Page 18, Line 12(III)  The designation of a responsible employee to be

• Page 18, Line 13notified if information or access is requested for federal immigration enforcement;

• Page 18, Line 14(IV)  Information that must be requested of and

• Page 18, Line 15documented regarding the federal immigration enforcement,

• Page 18, Line 16including the first and last name of the person leading the

• Page 18, Line 17federal immigration enforcement, employer, badge number, and

• Page 18, Line 18a copy of the subpoena issued by a federal judge or magistrate,

• Page 18, Line 19warrant issued by a federal judge or magistrate, or order issued by a federal judge or magistrate to allow access; and

• Page 18, Line 20(V)  Procedures to communicate information, as

• Page 19, Line 1appropriate, about a federal immigration authority's request

• Page 19, Line 2for information or access to the child, student, or patient who

• Page 19, Line 3was the subject of the request, or parent, guardian, or relative of the child, student, or patient.

• Page 19, Line 4(b)  A public child care center, public school, local

• Page 19, Line 5education provider, public institution of higher education, or

• Page 19, Line 6public health-care facility shall make its policies required

• Page 19, Line 7pursuant to this section available through its traditional

• Page 19, Line 8means, including upon request, a handbook, a website, a patient

• Page 19, Line 9portal, or any other means that the public child care center,

• Page 19, Line 10public school, local education provider, public institution of

• Page 19, Line 11higher education, or public health-care facility uses to

• Page 19, Line 12communicate with children, students, patients, parents, guardians, relatives, and the general public.

• Page 19, Line 13(4)  This section does not preempt 8 U.S.C. sec. 1973.

• Page 19, Line 1424-74.1-103.  Remedy. (1)  A public child care center, public

• Page 19, Line 15school, local education provider, public institution of higher

• Page 19, Line 16education, or public health-care facility that is found to have

• Page 19, Line 17intentionally violated a provision of this article 74.1 is subject

• Page 19, Line 18to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation.

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

• Page 19, Line 20this section must be transferred to the state treasurer, who

• Page 19, Line 21shall credit it to the immigration legal defense fund established pursuant to section 8-3.8-101.

• Page 19, Line 22SECTION 14.  In Colorado Revised Statutes, 24-76.6-101,

• Page 19, Line 23amend (1) and (3); and add (1.5), (2.3), and (2.7) as follows:

• Page 20, Line 124-76.6-101.  Definitions. As used in this article 76.6, unless the context otherwise requires:

• Page 20, Line 2(1)  "Civil immigration detainer" means a written request issued

• Page 20, Line 3by for federal immigration enforcement authorities pursuant to 8 CFR

• Page 20, Line 4287.7 to law enforcement officers to arrest or detain an individual

• Page 20, Line 5or to maintain custody of an individual beyond the time when the

• Page 20, Line 6individual is eligible for release from custody, including any a request for

• Page 20, Line 7law enforcement agency action, warrant for arrest of alien, order to detain

• Page 20, Line 8or release alien, or warrant of removal/deportation removal or

• Page 20, Line 9deportation on any a form promulgated by federal immigration enforcement. authorities.

• Page 20, Line 10(1.5)  "Detention facility" means a correctional facility,

• Page 20, Line 11as defined in section 17-1-102; local jail, as defined in section

• Page 20, Line 1217-1-102; multijurisdictional jail, as defined in section

• Page 20, Line 1317-26.5-101; or municipal jail, as described in section 31-15-401(1)(j).

• Page 20, Line 14(2.3)  "Governmental entity" has the same meaning as set forth in section 24-76.7-101.

• Page 20, Line 15(2.7)  "Immigration enforcement operation" means an

• Page 20, Line 16operation in which the primary objective is the identification or apprehension of a person or persons to:

• Page 20, Line 17(a)  Subject them to civil immigration detention, removal,

• Page 20, Line 18or deportation proceedings, or removal or deportation from the United States; or

• Page 20, Line 19(b)  Criminally prosecute them for offenses related to

• Page 20, Line 20their immigration status. The offenses may include violations of

• Page 20, Line 21sections 8 U.S.C. sec. 1253, 8 U.S.C. sec. 1304 (e), 8 U.S.C. sec. 1306

• Page 21, Line 1(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 21, Line 2(3)  "Law enforcement officer" means a peace officer employed by

• Page 21, Line 3the Colorado state patrol, a municipal police department, a town marshal's

• Page 21, Line 4office, or a county sheriff's office described in article 2.5 of title 16,

• Page 21, Line 5while acting in the peace officer's employment capacity, whether

• Page 21, Line 6elected or appointed or whether employed full-time, part-time, or temporarily.

• Page 21, Line 7SECTION 15.  In Colorado Revised Statutes, 24-76.6-102, amend (1)(b) and (2); and add (2.5) as follows:

• Page 21, Line 824-76.6-102.  Civil immigration detainers - legislative declaration. (1)  The general assembly finds and declares that:

• Page 21, Line 9(b)  Requests for civil immigration detainers, or any other

• Page 21, Line 10requests to arrest or detain a person for immigration

• Page 21, Line 11enforcement, are not warrants under Colorado law. A warrant is a

• Page 21, Line 12written order by a judge directed to a law enforcement officer

• Page 21, Line 13commanding the arrest of the person named, as defined in section

• Page 21, Line 1416-1-104 (18). None of the civil immigration detainer requests received

• Page 21, Line 15from the federal immigration authorities are reviewed, approved, or

• Page 21, Line 16signed by a judge as required by Colorado law. The continued detention

• Page 21, Line 17of an inmate at the request of federal immigration authorities beyond

• Page 21, Line 18when he or she would otherwise be released constitutes a warrantless

• Page 21, Line 19arrest, which is unconstitutional, People v. Burns, 615 P.2d 686, 688 (Colo. 1980).

• Page 21, Line 20(2) (a)  A law enforcement officer shall not arrest or detain an

• Page 21, Line 21individual on the basis of a civil immigration detainer. request. For the

• Page 21, Line 22purpose of this subsection (2), "detain" includes the denial or

• Page 22, Line 1delay of release from custody for immigration enforcement operations or for immigration enforcement purposes.

• Page 22, Line 2(b)  If an individual has posted bond and the bond has been

• Page 22, Line 3processed, the continued detainment of the individual on the

• Page 22, Line 4basis of a civil immigration detainer is a new, warrantless arrest.

• Page 22, Line 5(2.5)  A law enforcement officer shall not command or

• Page 22, Line 6request a private citizen to assist in the arrest or detainment of an individual on the basis of a civil immigration detainer.

• Page 22, Line 7SECTION 16.  In Colorado Revised Statutes, 24-76.6-103, amend (1) as follows:

• Page 22, Line 824-76.6-103.  Limitations on providing personal information

• Page 22, Line 9by probation offices. (1)  A probation officer, or probation department

• Page 22, Line 10employee, pretrial officer, or pretrial services office employee

• Page 22, Line 11shall not provide personal information about an individual to federal immigration authorities.

• Page 22, Line 12SECTION 17.  In Colorado Revised Statutes, add 24-76.6-104 as follows:

• Page 22, Line 1324-76.6-104.  Limitation on access in detention facilities.A law

• Page 22, Line 14enforcement officer, or any employee or agent of a detention

• Page 22, Line 15facility, shall not allow federal immigration authorities access

• Page 22, Line 16to a part of the detention facility that is not accessible to the

• Page 22, Line 17public, unless the federal immigration authorities have a

• Page 22, Line 18warrant issued by a federal judge or magistrate to allow

• Page 22, Line 19access, or if the federal immigration authorities have a writ

• Page 22, Line 20issued by a judge concerning the transfer of an inmate to or

• Page 22, Line 21from federal custody.

• Page 23, Line 1SECTION 18.  In Colorado Revised Statutes, 24-76.7-101, amend (2) as follows:

• Page 23, Line 224-76.7-101.  Definitions. As used in this article 76.7, unless the context otherwise requires:

• Page 23, Line 3(2)  "Immigration detention agreement" means any a contract,

• Page 23, Line 4including, but not limited to, an intergovernmental service agreement, or

• Page 23, Line 5portion thereof for payment to with a governmental entity to detain

• Page 23, Line 6individuals for federal civil immigration purposes. For a contract or

• Page 23, Line 7intergovernmental service agreement that is only in part for the detention

• Page 23, Line 8of individuals for federal immigration officials, this term only applies to the civil immigration detention portion of the contract.

• Page 23, Line 9SECTION 19.  In Colorado Revised Statutes, 28-3-103, add (10) as follows:

• Page 23, Line 1028-3-103.  General provisions. (10)  A military force from

• Page 23, Line 11another state, territory, or district shall not enter the state

• Page 23, Line 12without the permission of the governor; except that this

• Page 23, Line 13subsection (10) does not apply to a military force from another

• Page 23, Line 14state, territory, or district that is on federal orders and acting as a part of the armed forces.

• Page 23, Line 15SECTION 20.  In Colorado Revised Statutes, 6-1-1308, amend (3) and (7) as follows:

• Page 23, Line 166-1-1308.  Duties of controllers. (3)  Duty of data minimization.

• Page 23, Line 17A controller's collection of personal data must be adequate, relevant, and

• Page 23, Line 18limited to what is reasonably necessary in relation to the specified

• Page 23, Line 19purposes for which the data are processed limited to what is

• Page 23, Line 20reasonable, necessary, and proportionate to provide or maintain

• Page 23, Line 21a specific product or service requested by the consumer to whom the data pertains.

• Page 24, Line 1(7)  Duty regarding sensitive data. A controller shall not process

• Page 24, Line 2or sell a consumer's sensitive data without first obtaining the consumer's

• Page 24, Line 3consent or, in the case of the processing of personal data concerning a

• Page 24, Line 4known child, without first obtaining consent from the child's parent or lawful guardian.

• Page 24, Line 5SECTION 21.  In Colorado Revised Statutes, 8-3.8-101, amend (2) as follows:

• Page 24, Line 68-3.8-101.  Immigration legal assistance - fund - report -

• Page 24, Line 7definitions. (2) (a)  There is established in the state treasury the

• Page 24, Line 8immigration legal defense fund. The money in the fund is continuously

• Page 24, Line 9appropriated to the administrator. Pursuant to subsection (5)(b) of this

• Page 24, Line 10section, the administrator is authorized to make grants from the fund to

• Page 24, Line 11qualifying organizations to represent indigent individuals appearing before an immigration court in Colorado who lack private counsel.

• Page 24, Line 12(b)  The state treasurer shall credit any civil penalty

• Page 24, Line 13money transferred to the state treasurer pursuant to section

• Page 24, Line 1424-74-107 or 24-74.1-103 and interest and income derived from the

• Page 24, Line 15deposit and investment of the civil penalty money in the fund to the fund.

• Page 24, Line 16SECTION 22.  In Colorado Revised Statutes, 22-2-117, amend (1)(b)(XI) and (1)(b)(XII); and add (1)(b)(XIII) as follows:

• Page 24, Line 1722-2-117.  Additional power - state board - waiver of

• Page 24, Line 18requirements - rules. (1) (b)  The state board shall not waive any of the requirements specified in any of the following statutory provisions:

• Page 24, Line 19(XI)  Any provision of section 22-1-145 relating to the use of a

• Page 24, Line 20student's chosen name, as defined in section 22-1-145 (1), in a public school; or

• Page 25, Line 1(XII)  The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or

• Page 25, Line 2(XIII)  A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.

• Page 25, Line 3SECTION 23.  In Colorado Revised Statutes, 22-30.5-104,

• Page 25, Line 4amend (6)(c) introductory portion, (6)(c)(X), and (6)(c)(XI); and add (6)(c)(XII) as follows:

• Page 25, Line 522-30.5-104.  Charter school - requirements - authority - rules

• Page 25, Line 6- definitions. (6) (c)  A school district, on behalf of a charter school, may

• Page 25, Line 7apply to the state board for a waiver of a state statute or state rule that is

• Page 25, Line 8not an automatic waiver. Notwithstanding any provision of this

• Page 25, Line 9subsection (6), to the contrary, the state board may shall not waive any a statute or rule relating to:

• Page 25, Line 10(X)  Any provision of section 22-1-145 relating to the use of a

• Page 25, Line 11student's chosen name, as defined in section 22-1-145 (1), in a public school; or

• Page 25, Line 12(XI)  The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or

• Page 25, Line 13(XII)  A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.

• Page 25, Line 14SECTION 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 25, Line 1522-30.5-507.  Institute charter school - requirements -

• Page 25, Line 16authority - rules - definitions. (7) (b)  An institute charter school may

• Page 25, Line 17apply to the state board, through the institute, for a waiver of state statutes

• Page 25, Line 18and state rules that are not automatic waivers. The state board may waive

• Page 26, Line 1state statutory requirements or rules promulgated by the state board;

• Page 26, Line 2except that the state board may shall not waive any statute or rule relating to:

• Page 26, Line 3(X)  Any provision of section 22-1-145 relating to the use of a

• Page 26, Line 4student's chosen name, as defined in section 22-1-145 (1), in a public school; or

• Page 26, Line 5(XI)  The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or

• Page 26, Line 6(XII)  A provision of article 74.1 of title 24 concerning the policies to comply with federal immigration enforcement.

• Page 26, Line 7SECTION 25.  Severability. If any provision of this act or the

• Page 26, Line 8application of this act to any person or circumstance is held invalid, the

• Page 26, Line 9invalidity does not affect other provisions or applications of the act that

• Page 26, Line 10can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

• Page 26, Line 11SECTION 26.  Safety clause. The general assembly finds,

• Page 26, Line 12determines, and declares that this act is necessary for the immediate

• Page 26, Line 13preservation of the public peace, health, or safety or for appropriations for

• Page 26, Line 14the support and maintenance of the departments of the state and state institutions.