First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06B-2064.01 Michael Dohr SENATE BILL 06S-009 SENATE SPONSORSHIP Jones, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning enforcement of immigration laws by law enforcement agencies in Colorado. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the executive director of the department of public safety, the sheriff of each Colorado county, and the governing body of each city or town in the state that maintains a paid police department to seek to enter into a memorandum of understanding with the United States bureau of immigration and customs enforcement to train and subsequently authorize Colorado state patrol officers, sheriffs, undersheriffs, deputy sheriffs, and police officers ("law enforcement officers") to identify, process, and, when appropriate, detain a person suspected of an immigration offense when the law enforcement officer encounters the person during routine law enforcement activity. Requires the training funding to come from the federal "Department of Homeland Security Appropriations Act, 2006" or a subsequent source of funding. Prohibits the training from starting until the funding is secured. Authorizes law enforcement officers to perform any actions outlined in the memorandum of understanding. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that: (a) Illegal immigration to the United States is an issue of nationwide concern, affecting an increasing number of states, including interior states such as Colorado; (b) Data from the United States census bureau place new immigration for the five-year period of 2000-2005 as the highest in American history, with almost half of the new arrivals estimated to be illegal aliens; (c) The issues created by illegal immigration to Colorado are of increasing concern for cities and counties throughout the state; (d) Illegal aliens are transported via the major interstate highways in the state, creating an issue that crosses city, county, and state lines; (e) Criminal activity as a result of illegal immigration is increasing in Colorado, and the percentage of illegal aliens in city and county jails and state prisons is increasing; and (f) Illegal immigration is a matter of statewide concern in Colorado. (2) The general assembly, therefore, determines that it is in the state's interest to work collaboratively with the federal bureau of immigration and customs enforcement to authorize state patrol officers, sheriffs, undersheriffs, deputy sheriffs, and police officers to participate in immigration enforcement activities. SECTION 2. 24-33.5-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-33.5-104. Duties of executive director. (2) (a) On or before January 1, 2007, the executive director shall seek to enter into a memorandum of understanding between the Colorado state patrol and the United States bureau of immigration and customs enforcement to participate in a program to enhance cooperation and communication between federal and state law enforcement agencies in the area of immigration enforcement. (b) Pursuant to the memorandum of understanding, the United States bureau of immigration and customs enforcement may train and subsequently authorize Colorado state patrol officers to identify, process, and, when appropriate, detain a person suspected of an immigration offense when a Colorado state patrol officer encounters the person during routine law enforcement activity. It is the intent of the general assembly that the training shall be funded pursuant to the federal "Department of Homeland Security Appropriations Act, 2006", P.L. No. 109-90, or any subsequent source of federal funding. The training shall not take place until the funding is secured. SECTION 3. 24-33.5-212, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-33.5-212. Powers and duties of officers. (5) In addition to the other powers and duties listed in this section, if the executive director enters into a memorandum of understanding with the United States bureau of immigration and customs enforcement pursuant to section 24-33.5-104 (2), officers of the Colorado state patrol shall have the power to identify, process, and, when appropriate, detain a person suspected of an immigration offense when a Colorado state patrol officer encounters the person during routine law enforcement activity. SECTION 4. Part 5 of article 10 of title 30, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 30-10-524. Sheriff to participate in immigration enforcement. (1) On or before January 1, 2007, the sheriff of each county shall seek to enter into a memorandum of understanding between the sheriff's office and the United States bureau of immigration and customs enforcement to participate in a program to enhance cooperation and communication between federal and state law enforcement agencies in the area of immigration enforcement. (2) Pursuant to the memorandum of understanding, the United States bureau of immigration and customs enforcement may train and subsequently authorize sheriffs, undersheriffs, and deputy sheriffs to identify, process, and, when appropriate, detain a person suspected of an immigration offense when a sheriff, an undersheriff, or a deputy sheriff encounters the person during routine law enforcement activity. It is the intent of the general assembly that the training shall be funded pursuant to the federal "Department of Homeland Security Appropriations Act, 2006", P.L. No. 109-90, or any subsequent source of federal funding. The training shall not take place until the funding is secured. SECTION 5. Part 4 of article 15 of title 31, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 31-15-403. Police to participate in immigration enforcement. (1) On or before January 1, 2007, the governing body of each municipality in the state shall seek to enter into a memorandum of understanding between the governing body and the United States bureau of immigration and customs enforcement to participate in a program to enhance cooperation and communication between federal and state law enforcement agencies in the area of immigration enforcement. (2) Pursuant to the memorandum of understanding, the United States bureau of immigration and customs enforcement may train and subsequently authorize police officers who are employed by the municipal police department to identify, process, and, when appropriate, detain a person suspected of an immigration offense when a police officer encounters the person during routine law enforcement activity. It is the intent of the general assembly that the training shall be funded pursuant to the federal "Department of Homeland Security Appropriations Act, 2006", P.L. No. 109-90, or any subsequent source of federal funding. The training shall not take place until the funding is secured. SECTION 6. 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.