| Summary |
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.
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:
•
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.
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:
•
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 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.
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