HOUSE
       Amended 3rd Reading
       March 9, 2015           HOUSE
       Amended 2nd Reading
                       March 6, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0009.01 Jason Gelender x4330 HOUSE BILL 15-1114
                    HOUSE SPONSORSHIP
 Saine,  Neville P., Humphrey, Lebsock, Salazar, Klingenschmitt, Ransom
 
                   SENATE SPONSORSHIP
 Woods and Ulibarri,  Baumgardner
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition against assistance by the state,
            including, but not limited to, any member of the
            Colorado National Guard serving in his or her official
            capacity, with enforcement of certain federal laws
            relating to investigation, prosecution, and detention
            of individuals that were initially enacted in 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.)
       
            The bill prohibits a state agency, a political subdivision of the
       state, an employee of a state agency or political subdivision of the state
       acting in his or her official capacity, or a member of the Colorado
       National Guard serving in his or her official capacity 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 or 1022
       of the "National Defense Authorization Act for Fiscal Year 2012" or any
       substantially similar successor provision of federal law if such aid would
       place the entity in violation of any provision of the United States
       constitution, the Colorado constitution, or Colorado state law. The bill
       requires the criminal prosecution of any individual who violates the
       prohibition, pursuant to any applicable provisions of the "Colorado
       Criminal Code", including, but not limited to, provisions that prohibit
       assault, battery, kidnapping, and homicide.
       
       
       
       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 fiscal year 
             2012 - state aid prohibited - penalty. (1) (a)  Except as described
       in subsection (2) of this section, an entity described in paragraph
       (c) of this subsection (1) shall not assist in the indefinite
       military detention of any United States citizen pursuant to
       section 1021 or 1022 of the federal "National Defense
       Authorization Act for Fiscal Year 2012", Pub.L. 112-81, as
       amended, or any successor provision, that authorizes indefinite
       military detention for United States citizens.
            (b)  The prohibition in paragraph (a) of this subsection (2)
       applies once the federal government has made an official
       determination that a United States citizen shall be held in
       indefinite military detention under section 1021 or 1022 of the
       federal "National Defense Authorization Act for Fiscal Year
       2012", Pub.L. 112-81, as amended. The entity is responsible for
       ensuring that its state employees do not participate in the
       prohibited action under paragraph (a) of this subsection (2).
            (c)   Except as otherwise provided in subsection (2) of this
       section, 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 does not apply to a member of the
       Colorado National Guard:
            (a)  If the member is acting pursuant to a direct order from
       his or her commanding officer or another higher ranking officer
       that specifically indicates that the ordered actions are to be
       taken pursuant to section 1021 or 1022 of the federal "National
       Defense Authorization Act for Fiscal Year 2012", H.R. 1540,
       Pub.L. 112-81, as amended, or any substantially similar
       successor provision of federal law; or
            (b)  If the member is acting in his or her official capacity
       while on active duty under title 10 of the United States code.
            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.