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    State of Colorado: First Regular Session Sixty-Eighth General Assembly

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    Ethan Axelrod
    This bill would allow Colorado law enforcement officers to arrest individuals without a warrant if the officer has probable cause to believe the person is unlawfully present in the United States. Specifically, officers could arrest individuals subject to removal orders, detainers, or convictions of aggravated felonies under federal law. The bill aims to implement these provisions in a way consistent with federal law regarding civil rights and privileges of U.S. citizens.

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    State of Colorado: First Regular Session Sixty-Eighth General Assembly

    Uploaded by

    Ethan Axelrod
    1K views3 pages
    This bill would allow Colorado law enforcement officers to arrest individuals without a warrant if the officer has probable cause to believe the person is unlawfully present in the United States. Specifically, officers could arrest individuals subject to removal orders, detainers, or convictions of aggravated felonies under federal law. The bill aims to implement these provisions in a way consistent with federal law regarding civil rights and privileges of U.S. citizens.

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    054_01

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    This bill would allow Colorado law enforcement officers to arrest individuals without a warrant if the officer has probable cause to believe the person is unlawfully present in the United States. Specifically, officers could arrest individuals subject to removal orders, detainers, or convictions of aggravated felonies under federal law. The bill aims to implement these provisions in a way consistent with federal law regarding civil rights and privileges of U.S. citizens.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views3 pages

    State of Colorado: First Regular Session Sixty-Eighth General Assembly

    Uploaded by

    Ethan Axelrod
    This bill would allow Colorado law enforcement officers to arrest individuals without a warrant if the officer has probable cause to believe the person is unlawfully present in the United States. Specifically, officers could arrest individuals subject to removal orders, detainers, or convictions of aggravated felonies under federal law. The bill aims to implement these provisions in a way consistent with federal law regarding civil rights and privileges of U.S. citizens.

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    First Regular Session

    Sixty-eighth General Assembly


    STATE OF COLORADO
    INTRODUCED

    LLS NO. 11-0019.02 Michael Dohr SENATE BILL 11-054


    SENATE SPONSORSHIP
    Lambert, Lundberg, Harvey, Grantham, Scheffel, Mitchell, Cadman, Kopp, Renfroe, King
    K., Brophy, King S., Spence

    HOUSE SPONSORSHIP
    Balmer, Acree, Barker, Baumgardner, Brown, Conti, Holbert, Joshi, Kerr J., Nikkel, Swalm,
    Waller

    Senate Committees House Committees


    State, Veterans & Military Affairs

    A BILL FOR AN ACT


    101 CONCERNING THE AUTHORITY OF LAW ENFORCEMENT OFFICERS TO
    102 ARREST UNLAWFULLY PRESENT ALIENS.

    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.)

    A law enforcement officer may arrest a person without a warrant


    if the officer has probable cause to believe that the person is an alien who:
    ! Is subject to a removal order issued by an immigration
    court or to a detainer or notice of action issued by the
    federal department of homeland security; or

    Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.


    Capital letters indicate new material to be added to existing statute.
    Dashes through the words indicate deletions from existing statute.
    ! Has been indicted for or been convicted of one or more
    aggravated felonies, as defined by 8 U.S.C. sec. 1101(a)
    (43), as amended; or
    ! Has willfully failed to register with the federal government
    pursuant to 8 U.S.C. sec. 1301.

    1 Be it enacted by the General Assembly of the State of Colorado:


    2 SECTION 1. 16-3-102, Colorado Revised Statutes, is amended
    3 to read:
    4 16-3-102. Arrest by peace officer. (1) A peace officer may
    5 arrest a person when:
    6 (a) He THE PEACE OFFICER has a warrant commanding that such
    7 person be arrested; or
    8 (b) Any crime has been or is being committed by such person in
    9 his THE PEACE OFFICER'S presence; or
    10 (c) He THE PEACE OFFICER has probable cause to believe that an
    11 offense was committed and has probable cause to believe that the offense
    12 was committed by the person to be arrested; OR
    13 (d) THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT
    14 THE PERSON TO BE ARRESTED IS AN ALIEN WHO:

    15 (I) IS SUBJECT TO:


    16 (A) A REMOVAL ORDER ISSUED BY AN IMMIGRATION COURT; OR
    17 (B) A DETAINER OR NOTICE OF ACTION ISSUED BY THE FEDERAL
    18 DEPARTMENT OF HOMELAND SECURITY; OR

    19 (II) HAS BEEN INDICTED FOR OR BEEN CONVICTED OF ONE OR MORE


    20 AGGRAVATED FELONIES, AS DEFINED BY 8 U.S.C. SEC. 1101 (a) (43), AS
    21 AMENDED; OR

    22 (III) HAS WILLFULLY FAILED TO REGISTER WITH THE FEDERAL

    23 GOVERNMENT PURSUANT TO 8 U.S.C. SEC. 1301.

    -2- SB11-054
    1 (2) (a) THE TERMS OF PARAGRAPH (d) OF SUBSECTION (1) OF THIS
    2 SECTION REGARDING IMMIGRATION SHALL BE CONSTRUED TO HAVE THE

    3 MEANINGS GIVEN TO THEM UNDER FEDERAL IMMIGRATION LAW.

    4 (b) PARAGRAPH (d) OF SUBSECTION (1) OF THIS SECTION SHALL BE


    5 IMPLEMENTED IN A MANNER CONSISTENT WITH FEDERAL LAWS

    6 REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL

    7 PERSONS, AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED

    8 STATES CITIZENS.
    9 SECTION 2. Safety clause. The general assembly hereby finds,
    10 determines, and declares that this act is necessary for the immediate
    11 preservation of the public peace, health, and safety.

    -3- SB11-054

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