First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06B-2053.01 Jery Payne SENATE BILL 06S-011 SENATE SPONSORSHIP Owen, HOUSE SPONSORSHIP Hall, Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning a prohibition against bail bonding agents furnishing bail bonds for defendants who may be illegally present within the United States. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires a law enforcement agency to make a determination of a defendant's probable immigration status before bail is set. Requires a bail bonding agent (agent) to confirm the defendant's citizenship status before posting a bail bond for the defendant. Forbids the agent from furnishing a bail bond if the law enforcement agency determines that the defendant is probably not legally present in the United States. Sets standards for the types of documents that are appropriate for making the determination. Makes it a class 3 misdemeanor for an agent to issue a bail bond in violation of the act. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly hereby declares that each person accused of a crime for which a bail bond is authorized has a right to post a bond. Nothing within this act is intended to deprive a person of the right to receive bail and post a bail bond. Nevertheless, granting liberty to a defendant who is illegally in the United States, who has been charged with a crime under the laws of Colorado, and who transfers most of the monetary risk to a professional bail bonding agent creates an unacceptable risk of the defendant fleeing from justice. Therefore, the general assembly hereby declares that, in order to protect against such a flight from justice, a bail bonding agent shall not furnish a bail bond to any person who is believed to be in the United States illegally. SECTION 2. Part 1 of article 4 of title 16, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 16-4-102.5. Immigration status - bail - definition. (1) For the purposes of this section, "probable immigration status" means the most likely determination, based on the evidence currently available, of the question of whether a person is legally present in the United States. (2) Before bail is set pursuant to section 16-4-102, the law enforcement agency having custody of a defendant shall make a determination of the defendant's probable immigration status. (3) Before furnishing a bail bond on behalf of a defendant for compensation, a bail bonding agent shall confirm the defendant's probable immigration status through the law enforcement agency having custody of the defendant. If the law enforcement agency has determined that the defendant is probably illegally present in the United States, the bail bonding agent shall not furnish a bail bond for the defendant. (4) If it is determined that a defendant is illegally present in the United States after a bail bond is executed but before the defendant is released from jail, the authority operating the jail 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. (5) (a) A law enforcement agency shall use at least one of the following methods to determine a defendant's probable immigration status: (I) A notification from the United States government that the defendant is illegally present in the United States; (II) A driver's license or identification card issued pursuant to article 2 of title 42, C.R.S.; or (III) An identification document accepted by the state of Colorado verifying the defendant's citizenship pursuant to article 72.1 of title 24, C.R.S., including, without limitation, the documents listed in paragraph (b) of this subsection (5). (b) The following documents, without limitation, shall be deemed to meet the requirements of paragraph (a) of this subsection (5): (I) A certified birth certificate issued within the United States and an identification card with a photograph; (II) A valid military identification card issued by the United States government; (III) A valid military dependent's identification card issued by the United States government; (IV) A valid native American tribal identification document with a photograph; (V) A certificate of United States citizenship; (VI) A certificate of naturalization; (VII) A passport issued by the United States government; (VIII) A valid foreign passport showing lawful presence in the United States; (IX) A permanent resident card or alien registration receipt card with photograph; (X) An unexpired temporary resident card; (XI) An unexpired employment authorization card; (XII) An unexpired reentry permit; (XIII) An unexpired refugee travel document; or (XIV) An unexpired employment authorization document. (6) A bail bonding agent who issues a bail bond in violation of subsection (3) of this section commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. SECTION 3. Effective date - applicability. This act shall take effect upon passage and shall apply to bail set on or after the effective date of this act. SECTION 4. 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.