First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0513.01 Richard Sweetman x4333HOUSE BILL 13-1045
                    HOUSE SPONSORSHIP
 Wright,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning prohibiting assistance by the state with
            enforcement of certain provisions of the federal
            "National Defense Authorization Act for Fiscal Year
            2012".
       
       
                           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.)
       
            An agency of this state, a political subdivision of this state, an
       employee of an agency of this state or of a political subdivision of this
       state acting in his or her official capacity, and a member of the Colorado
       National Guard serving in his or her official capacity are prohibited from
       aiding an agency of the armed forces of the United States in any
       investigation, prosecution, or detention of any person pursuant to section
       1021 of the "National Defense Authorization Act for Fiscal Year 2012",
       if such aid would place the entity in violation of any provision of the
       United States constitution, the Colorado constitution, or any law of this
       state.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add part 3 to article
       18 of title 24 as follows:
                              PART 3
          NO STATE AID TO CERTAIN FEDERAL INVESTIGATIONS
            24-18-301.  National defense authorization act for 2012 - state
       aid prohibited. (1) (a)  Except as described in subsection (2) of this
       section, and notwithstanding any other provision of law, an
       entity described in paragraph (b) of this subsection (1) shall not
       provide aid to an agency of the armed forces of the United
       States in any investigation, prosecution, or detention of any
       person pursuant to section 1021 of the federal "National
       Defense Authorization Act for Fiscal Year 2012", H.R. 1540,
       Pub.L. 112-81, as amended, if such aid would place the entity in
       violation of any provision of the United States constitution, the
       Colorado constitution, or any law of this state.
            (b)  The prohibition described in paragraph (a) of this
       subsection (1) applies to:
            (I)  An agency of this state;
            (II)  A political subdivision of this state;
            (III)  An employee of an agency or a political subdivision of
       this state acting in his or her official capacity; and
            (IV)  A member of the Colorado National Guard serving in
       his or her official capacity pursuant to article 3 of title 28,
       C.R.S.
            (2)  The prohibition described in paragraph (a) of
       subsection (1) of this section shall not apply to participation by
       an entity in a joint task force, partnership, or other similar
       cooperative agreement with federal law enforcement if the
       joint task force, partnership, or other similar cooperative
       agreement is not for the purpose of investigating, prosecuting,
       or detaining any person pursuant to section 1021 of the federal
       "National Defense Authorization Act for Fiscal Year 2012",
       H.R. 1540.
            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.