First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0339.01 Michael Dohr x4347
SENATE BILL 25-047
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING REVERSING CERTAI N ACTIONS BY THE GENERAL101
ASSEMBLY RELATED TO MEASURES INTENDED TO LIMIT102
ENFORCEMENT OF FEDERAL IMMIGRATION LAW .103
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
.)
In 2006, the general assembly passed Senate Bill 06-090, which:
! Prohibited a local government from passing any ordinance
or policy that would prohibit a police officer, local official,
or local government employee from cooperating with
federal officials with regard to the immigration status of a
SENATE SPONSORSHIP
Baisley,
HOUSE SPONSORSHIP
Brooks and Richardson,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. person within the state;
! Required a peace officer who has probable cause to believe
that a person is not legally present in the United States to
report the person to the federal immigration and customs
enforcement office;
! Required each local government to provide notice to peace
officers of the duty to report and to provide written
confirmation of the notice and reporting statistics to the
general assembly; and
! Prohibited a local government that violates this provision
from receiving any grants administered by the department
of local affairs.
Senate Bill 06-090 was repealed in 2013. The bill recreates and reenacts
Senate Bill 06-090.
Current law prohibits:
! A person from being arrested while the person is present at
a courthouse, or while going to, attending, or coming from
a court proceeding, and provides remedies for a violation;
! A probation officer or probation department employee from
providing personal information about an individual to
federal immigration authorities; and
! State and local governmental entities from contracting with
a private entity for immigration detention services or
entering into agreements for immigration detention
services.
The bill repeals each of these laws.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Data released by the federal Department of Homeland Security4
annual report for fiscal year 2023 compels the repeal of certain prior5
legislation giving protected status to undocumented aliens who have6
criminal records or who are convicted of crimes under Colorado law;7
(b) Local law enforcement agencies, district attorneys, Colorado8
jails, and the department of corrections are paying for the living and9
housing costs of illegal violent criminal offenders at Colorado taxpayers'10
SB25-047-2- expense;1
(c) The state Department of Corrections and county and municipal2
police agencies routinely release hundreds of criminal aliens back into the3
community annually without notifying the federal Department of4
Homeland Security of the release date and time because such notification5
and cooperation with federal immigration authorities is obstructed by6
current state law;7
(d) The release of violent criminal illegal aliens victimizes the8
very communities they are returned to and creates a feeling of fear within9
these communities;10
(e) The state of Colorado, local jurisdictions, and political11
subdivisions can no longer bear the fiduciary costs related to the violent12
illegal immigrants that victimize their communities; and13
(f) Senate Bill 25-_____ does not give Colorado peace officers14
the authority to contact or detain any individual without probable cause15
or without a violation of Colorado criminal law, nor does it authorize16
round-up operations or stop-and-show-your-papers enforcement actions.17
(2) Therefore, the general assembly determines it is necessary to18
repeal previous legislation that protected illegal aliens who have criminal19
records or who are convicted of crimes under Colorado law.20
SECTION 2. In Colorado Revised Statutes, recreate and21
reenact, with amendments, article 29 of title 29 as follows:22
ARTICLE 2923
Immigration Status24
Cooperation with Federal Officials25
29-29-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY26
FINDS, DETERMINES, AND DECLARES THAT:27
SB25-047
-3- (a) SANCTUARY POLICIES ARE LOCAL GOVERNMENT ORDINANCES1
OR POLICIES THAT PROHIBIT LOCAL OFFICIALS, INCLUDING PEACE OFFICERS,2
FROM COMMUNICATING OR COOPERATING WITH FEDERAL OFFICIALS WITH3
REGARD TO THE IMMIGRATION STATUS OF ANY PERSON WITHIN THE STATE ;4
(b) T
HE MATTERS CONTAINED IN THIS ARTICLE 29 HAVE5
IMPORTANT STATEWIDE RAMIFICATIONS FOR COMPLIANCE WITH AND6
ENFORCEMENT OF FEDERAL IMMIGRATION LAWS ; AND7
(c) S
ANCTUARY POLICIES ALLOW ILLEGAL IMMIGRANTS TO RESIDE8
IN COLORADO AND UNDERMINE FEDERAL IMMIGRATION LAW .9
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT THE10
MATTERS ADDRESSED IN THIS ARTICLE 29 ARE MATTERS OF STATEWIDE11
CONCERN.12
29-29-102. Definition. A
S USED IN THIS ARTICLE 29, UNLESS THE13
CONTEXT OTHERWISE REQUIRES ,"LOCAL GOVERNMENT " MEANS A TOWN,14
CITY, CITY AND COUNTY, OR COUNTY.15
29-29-103. Cooperation with federal officials regarding16
immigration status. (1) A
LOCAL GOVERNMENT , WHETHER ACTING17
THROUGH ITS GOVERNING BODY OR BY AN INITIATIVE , REFERENDUM, OR18
ANY OTHER PROCESS, MAY NOT ENACT AN ORDINANCE OR POLICY THAT19
LIMITS OR PROHIBITS A PEACE OFFICER , LOCAL OFFICIAL, OR LOCAL20
GOVERNMENT EMPLOYEE FROM COMMUNICATING OR COOPERATING WITH21
FEDERAL OFFICIALS WITH REGARD TO THE IMMIGRATION STATUS OF A22
PERSON WITHIN THIS STATE.23
(2) (a) (I) A
PEACE OFFICER WHO HAS PROBABLE CAUSE TO24
BELIEVE THAT AN ARRESTEE FOR A CRIMINAL OFFENSE IS NOT LEGALLY25
PRESENT IN THE UNITED STATES MAY REPORT THE ARRESTEE TO THE26
U
NITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE IF THE27
SB25-047
-4- ARRESTEE IS NOT HELD AT A DETENTION FACILITY . IF THE ARRESTEE IS1
HELD AT A DETENTION FACILITY AND THE COUNTY SHERIFF REASONABLY2
BELIEVES THAT THE ARRESTEE IS NOT LEGALLY PRESENT IN THE UNITED3
S
TATES, THE SHERIFF MAY REPORT THE ARRESTEE TO THE UNITED STATES4
IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE .5
(II) T
HIS SUBSECTION (2) DOES NOT APPLY TO A PERSON WHO IS6
ARRESTED FOR A SUSPECTED ACT OF DOMESTIC VIOLENCE , AS DEFINED IN7
SECTION 18-6-800.3, UNTIL THE PERSON IS CONVICTED OF A DOMESTIC8
VIOLENCE OFFENSE.9
(b) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE10
STATE ATTORNEY GENERAL AND ALL APPROPRIATE STATE AND LOCAL LAW11
ENFORCEMENT AGENCIES MAY VIGOROUSLY PURSUE ALL FEDERAL MONEY12
TO WHICH THE STATE MAY BE ENTITLED FOR THE REIMBURSEMENT OF13
MONEY SPENT TO ENFORCE FEDERAL IMMIGRATION LAWS .14
SECTION 3. In Colorado Revised Statutes, 13-1-114, amend15
(1)(c) and (1)(d); and repeal (1)(e) as follows:16
13-1-114. Powers of court. (1) Every court has power:17
(c) To compel obedience to its lawful judgments, orders, and18
process and to the lawful orders of its judge out of court in action or19
proceeding pending therein;
AND20
(d) To control, in furtherance of justice, the conduct of its21
ministerial officers. and
22
(e) To preserve access to courthouses and court proceedings,23
prevent interruption of court proceedings, and enforce protection from24
civil arrest at a courthouse or on its environs pursuant to section25
13-1-403.26
SECTION 4. In Colorado Revised Statutes, repeal part 4 of27
SB25-047
-5- article 1 of title 13, article 76.6 of title 24, and article 76.7 of title 24.1
SECTION 5. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly; except4
that, if a referendum petition is filed pursuant to section 1 (3) of article V5
of the state constitution against this act or an item, section, or part of this6
act within such period, then the act, item, section, or part will not take7
effect unless approved by the people at the general election to be held in8
November 2026 and, in such case, will take effect on the date of the9
official declaration of the vote thereon by the governor.10
SB25-047
-6-