Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that extends and expands the state's protections on disclosing personal information in Colorado.

Highlights:

• Specifies that under current law, an individual 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 (Sec. 1-30):

• In-state student tuition classification; or

• In-state student tuition classification; or

• Specifies that the provisions of this bill shall repeal these affidavit requirements (Sec. ).

• Specifies that 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 (Sec. 1-30).

• Prohibits the jail custodian from delaying a defendant's release for an immigration enforcement operation (Sec. 1-30).

• Authorizes 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 (Sec. 1-30):

• They were not adequately advised by defense counsel of the 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.

• 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 (Sec. 1-30).

• Specifies that under current law, state agencies and state agencies' employees are (Sec. 1-30):

• 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 identifying information; and

• Subject to a civil penalty for an intentional violation of the requirements.

• Extends these requirements concerning a person's personal identifying information to political subdivisions and their employees (Sec. 1-30).

• Establishes 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 (Sec. 1-30).

• Specifies that an employee who intentionally violates a requirement is subject to a civil action, and the civil action is exempt from statutory or qualified immunity (Sec. 1-30).

• Specifies that 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 based on a civil immigration detainer request (Sec. 1-30).

• Extends the prohibition to a peace officer designated by the state as a peace officer (Sec. 1-30).

• Specifies that under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities (Sec. 1-30).

• Extends this prohibition to a pretrial officer or pretrial services office employee (Sec. 1-30).

• 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 (Sec. 1-30).

• Specifies that under current law, certain governmental entities are limited in contracting to detain an individual for federal civil immigration purposes (Sec. 1-30).

• Repeals and removes the condition that the contract is for payment (Sec. 1-30).

• 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 (Sec. 1-30).

• Prohibits a controller from collecting personal data beyond what is reasonable, necessary, and proportionate to provide a product or service requested by a consumer (Sec. 1-30).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that extends and expands the state's protections on disclosing personal information in Colorado.

Highlights:

• Specifies that under current law, an individual 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 (Sec. 1-30):

• In-state student tuition classification; or

• In-state student tuition classification; or

• Specifies that the provisions of this bill shall repeal these affidavit requirements (Sec. ).

• Specifies that 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 (Sec. 1-30).

• Prohibits the jail custodian from delaying a defendant's release for an immigration enforcement operation (Sec. 1-30).

• Authorizes 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 (Sec. 1-30):

• They were not adequately advised by defense counsel of the 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.

• 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 (Sec. 1-30).

• Specifies that under current law, state agencies and state agencies' employees are (Sec. 1-30):

• 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 identifying information; and

• Subject to a civil penalty for an intentional violation of the requirements.

• Extends these requirements concerning a person's personal identifying information to political subdivisions and their employees (Sec. 1-30).

• Establishes 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 (Sec. 1-30).

• Specifies that an employee who intentionally violates a requirement is subject to a civil action, and the civil action is exempt from statutory or qualified immunity (Sec. 1-30).

• Specifies that 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 based on a civil immigration detainer request (Sec. 1-30).

• Extends the prohibition to a peace officer designated by the state as a peace officer (Sec. 1-30).

• Specifies that under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities (Sec. 1-30).

• Extends this prohibition to a pretrial officer or pretrial services office employee (Sec. 1-30).

• 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 (Sec. 1-30).

• Specifies that under current law, certain governmental entities are limited in contracting to detain an individual for federal civil immigration purposes (Sec. 1-30).

• Repeals and removes the condition that the contract is for payment (Sec. 1-30).

• 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 (Sec. 1-30).

• Prohibits a controller from collecting personal data beyond what is reasonable, necessary, and proportionate to provide a product or service requested by a consumer (Sec. 1-30).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that extends and expands the state's protections on disclosing personal information in Colorado.

Highlights:

• Specifies that under current law, an individual 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 (Sec. 1-30):

• In-state student tuition classification; or

• In-state student tuition classification; or

• Specifies that the provisions of this bill shall repeal these affidavit requirements (Sec. ).

• Specifies that 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 (Sec. 1-30).

• Prohibits the jail custodian from delaying a defendant's release for an immigration enforcement operation (Sec. 1-30).

• Authorizes 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 (Sec. 1-30):

• They were not adequately advised by defense counsel of the 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.

• 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 (Sec. 1-30).

• Specifies that under current law, state agencies and state agencies' employees are (Sec. 1-30):

• 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 identifying information; and

• Subject to a civil penalty for an intentional violation of the requirements.

• Extends these requirements concerning a person's personal identifying information to political subdivisions and their employees (Sec. 1-30).

• Establishes 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 (Sec. 1-30).

• Specifies that an employee who intentionally violates a requirement is subject to a civil action, and the civil action is exempt from statutory or qualified immunity (Sec. 1-30).

• Specifies that 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 based on a civil immigration detainer request (Sec. 1-30).

• Extends the prohibition to a peace officer designated by the state as a peace officer (Sec. 1-30).

• Specifies that under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities (Sec. 1-30).

• Extends this prohibition to a pretrial officer or pretrial services office employee (Sec. 1-30).

• 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 (Sec. 1-30).

• Specifies that under current law, certain governmental entities are limited in contracting to detain an individual for federal civil immigration purposes (Sec. 1-30).

• Repeals and removes the condition that the contract is for payment (Sec. 1-30).

• 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 (Sec. 1-30).

• Prohibits a controller from collecting personal data beyond what is reasonable, necessary, and proportionate to provide a product or service requested by a consumer (Sec. 1-30).

Full Bill Text