First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 11-0019.02 Michael Dohr         SENATE BILL 11-054
                   SENATE SPONSORSHIP
 Lambert,  Lundberg, Harvey, Grantham, Scheffel, Mitchell, Cadman, Kopp, Renfroe, King
 K., Brophy, King S., Spence
 
                    HOUSE SPONSORSHIP
 Balmer,  Acree, Barker, Baumgardner, Brown, Conti, Holbert, Joshi, Kerr J., Nikkel, Swalm,
 Waller
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the authority of law enforcement officers to
            arrest  unlawfully present aliens.
       
       
                           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://www.leg.state.co.us/billsummaries.)
       
            A law enforcement officer may arrest a person without a warrant
       if the officer has probable cause to believe that the person is an alien who:
                 Is subject to a removal order issued by an immigration
                 court or to a detainer or notice of action issued by the
                 federal department of homeland security; or
                 Has been indicted for or been convicted of one or more
                 aggravated felonies, as defined by 8 U.S.C. sec. 1101(a)
                 (43), as amended; or
                 Has willfully failed to register with the federal government
                 pursuant to 8 U.S.C. sec. 1301.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  16-3-102, Colorado Revised Statutes, is amended
       to read:
            16-3-102.  Arrest by peace officer.  (1)  A peace officer may
       arrest a person when:
            (a)  He The peace officer has a warrant commanding that such
       person be arrested; or
            (b)  Any crime has been or is being committed by such person in
       his the peace officer's presence; or
            (c)  He The peace officer has probable cause to believe that an
       offense was committed and has probable cause to believe that the offense
       was committed by the person to be arrested; or
            (d)  The peace officer has probable cause to believe that
       the person to be arrested is an alien who:
            (I)  Is subject to:
            (A)  A removal order issued by an immigration court; or
            (B)  A detainer or notice of action issued by the federal
       department of homeland security; or
            (II)  Has been indicted for or been convicted of one or more
       aggravated felonies, as defined by 8 U.S.C. sec. 1101 (a) (43), as
       amended; or
            (III)  Has willfully failed to register with the federal
       government pursuant to 8 U.S.C. sec. 1301.
            (2) (a)  The terms of paragraph (d) of subsection (1) of this
       section regarding immigration shall be construed to have the
       meanings given to them under federal immigration law.
            (b)  Paragraph (d) of subsection (1) of this section shall be
       implemented in a manner consistent with federal laws
       regulating immigration, protecting the civil rights of all
       persons, and respecting the privileges and immunities of United
       States citizens.
            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.