Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0820.01 Richard Sweetman x4333HOUSE BILL 12-1316 HOUSE SPONSORSHIP Stephens, SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning bond conditions when a United States immigration and customs enforcement detainer is lodged against a defendant. 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.) Under current law, if there is probable cause to believe that a defendant is in the country illegally and he or she is charged with a felony or class 1 or class 2 misdemeanor, the investigating law enforcement agency shall notify the defendant's bail bond agent. The bill changes the standard to require such notification if there is a United States immigration and customs enforcement detainer lodged against the defendant. Under current law, a bail bond agent is exempt from having his or her bond forfeited if the defendant is removed from the country, and a bail bond agent is not required to sign a waiver of understanding concerning such forfeiture. The bill requires a bail bond agent to execute a waiver that states he or she understands that if the defendant is removed from the country the bond is forfeited. The bill also requires the bond of the bail bond agent to be forfeited if the defendant is removed from the country. If a law enforcement agency holding a defendant for a felony or class 1 or class 2 misdemeanor determines that a United States immigration and customs enforcement detainer is lodged against the defendant, the law enforcement agency shall notify the district attorney and any pretrial services agency of the defendant's presumed immigration status. If the defendant posts bond, the law enforcement agency shall notify the district attorney of the posting of the bond prior to notifying immigration and customs enforcement that the defendant is eligible for release to their custody. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 16-3-503, amend (1) (a), (1) (b), and (2); and repeal (1) (c) as follows: 16-3-503. Bonds recovered for persons illegally in the country. (1) (a) When a law enforcement agency holding a defendant charged with or arrested for a felony or a class 1 or class 2 misdemeanor determines that based on investigation, including consideration of the defendant's inability to produce one of the identifying documents listed in subsection (3) of this section, there is probable cause to find that the defendant is likely illegally present in the there is a United States immigration and customs enforcement detainer lodged against the defendant, the law enforcement agency shall notify the defendant's bail bonding agent in writing before the bond is posted. Prior to posting a bond for a defendant charged with a felony or a class 1 or class 2 misdemeanor, a defendant or other person, other than including a professional bonding agent, shall execute a waiver that states the person understands that the bond or fees shall be forfeited if the defendant is removed from the country. (b) Except as provided in paragraph (a) of this subsection (1), A defendant or other person, other than including a professional bonding agent, who posts bond on a felony or a class 1 or class 2 misdemeanor, either pre-trial or post-conviction, for a defendant who is determined to be illegally present in the country has a United States immigration and customs enforcement detainer lodged against him or her shall not be entitled to recover the posted bond or fees if the defendant is removed from the country, and the bond or fees shall be forfeited. (c) If it is determined that a defendant is illegally present in the country after a bail bond is posted on a felony or a class 1 or class 2 misdemeanor, the jail or court shall return all documents concerning the defendant that are signed by the bail bonding agent to the agent, and the agent shall return the fees collected pursuant to section 12-7-108 (7), C.R.S., to the court for forfeiture pursuant to subsection (2) of this section. (2) Fifty percent of the amount of bonds and fees forfeited pursuant to subsection (1) of this section shall be credited to the capital construction fund created in section 24-75-302, C.R.S., for appropriation to the corrections expansion reserve fund created in section 17-1-116, C.R.S., for the purpose of prison bed construction and prison operations. Fifty percent of the amount of bonds and fees forfeited pursuant to subsection (1) of this section shall be credited to the county jail assistance fund created in section 17-26-137, C.R.S. SECTION 2. In Colorado Revised Statutes, add 16-3-504 as follows: 16-3-504. Notification to district attorney. (1) If a law enforcement agency holding a defendant charged with or arrested for a felony or a class 1 or class 2 misdemeanor determines that a United States immigration and customs enforcement detainer is lodged against the defendant, the law enforcement agency shall notify the district attorney's office and any pretrial services agency in a timely manner of the defendant's presumed immigration status. Notification to the district attorney's office and any pretrial services agency prior to the defendant's first appearance before the court is considered timely. (2) If the defendant posts bond, the law enforcement agency shall notify the district attorney of the posting of the bond prior to notifying immigration and customs enforcement that the defendant is eligible for release to their custody. SECTION 3. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act apply to offenses committed on or after the applicable effective date of this act.