First Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 09-0153.01 Michael Dohr         HOUSE BILL 09-1049
                    HOUSE SPONSORSHIP
 May, 
 
                   SENATE SPONSORSHIP
 Harvey, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition on accepting a plea of guilty from
            an illegal alien that will result in avoiding removal
            from this country.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Prohibits a trial judge from accepting a plea of guilty from a
       defendant who is illegally present in the country if the result of the plea
       would be to permit the defendant to avoid removal from this country.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  16-7-302, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            16-7-302.  Responsibilities of the trial judge with respect to
       plea discussions and agreements.  (4) (a)  To ensure public safety,
       a trial judge shall not accept a plea of guilty:
            (I)  From a defendant who is in violation of the federal
       "Immigration and Nationality Act", 8 U.S.C. sec. 1325, as
       amended;
            (II)  To a charge of third degree criminal trespass on
       agricultural land or any other charge; and
            (III)  If the plea of guilty is made as a result of a plea offer
       and will result in the defendant avoiding removal from this
       country by the United States immigration and customs
       enforcement agency.
            (b)  Notwithstanding the provisions of paragraph (a) of
       this subsection (4) the trial judge may accept a plea of guilty to
       a charge of third degree criminal trespass on agricultural land
       or any other charge upon a good faith representation by the
       prosecuting attorney that:
            (I)  The attorney could not establish a prima facie case if
       the defendant were brought to trial on the original offense;
       and
            (II)  The plea offer is not intended to permit the defendant
       to avoid removal from this country.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.